Prohibition of Two Lawful Pleasures

www.alhassanain.
org/english
Islamic Truths Center
Prohibition of Two Lawful Pleasures

A Critical Assessment of Prohibition of Mut'a of Hajj and Mut'a Marriage
Author: Ayatollah Sayyid Ali Husaini Milani
Translator: Dr. S.A.R. Afzali
www.alhassanain.org/english
Table of Contents
Forward ...................................................................... 5
Prohibition of Two lawful pleasures ....................................... 7
Umar bin Khattab: ......................................................... 7
Authors Preface ............................................................. 8
Preface ........................................................................ 9
Section One: Mut'a of hajj ................................................. 10
What is the mut'a of hajj? ................................................. 10
The prohibition of two mut'as and Imam Ali's opinion .................. 10
Great companions on prohibition of two mut'as .......................... 10
Ibn Abbas ............................................................... 10
Sa'ad bin Abi Waqqas .................................................. 11
Abu Musa 'Ash'ari ...................................................... 11
Jabir bin Abdullah Ansari .............................................. 11
Abdullah bin Umar ..................................................... 11
Imran bin Husain ....................................................... 12
Ibn Taymiyya defends Umar but admits his mistake ..................... 12
Section Two: Temporary Marriage ....................................... 14
What is temporary marriage? ............................................. 14
Arguments for temporary marriage ....................................... 14
Temporary marriage and Quranic Argument for it .................... 14
Temporary marriage in tradition ....................................... 15
Temporary marriage and consensus ................................... 15
Umar forbids temporary marriage ........................................ 15
Great companions and prohibition of temporary marriage ............... 17
A defense of Umar ........................................................ 18
Three distinctive opinions .............................................. 18
A critique of first opinion .............................................. 19
A critique of the third opinion ......................................... 19
A critique of the second view .......................................... 21
Prohibition happens in year of conquest of Mecca .................... 22
Prohibition happens in battle of Tabuk ................................ 22
Prohibition occurs in battle of Hunain ................................. 22
Prohibition of temporary marriage in battle of Khaibar ............... 22
Common criticisms ....................................................... 23
Evaluation of prohibition in conquest of Mecca ....................... 24
An evaluation of prohibition in battle of Hunain ...................... 24
Evaluation of prohibition in battle of Tabuk ........................... 25
An evaluation of prohibition in battle of Khaibar ..................... 25
Contradiction on time of prohibition ..................................... 26
Sunni narrators and playing with Khaibar tradition ................... 27
Points on signification of Khaibar tradition............................ 28
Points concerning traditions narrated from Imam Ali (a.s) ............ 29
A glance at life of Zuhri ................................................ 30
Bibliography ................................................................ 32
Notes ......................................................................... 34
In the Name of God the Beneficent the Merciful
In the Name of God the Beneficent the Merciful
Forward
With the prophetic mission of Hazrat Muhammad (s), the seal of the prophets, the
last and the most perfect divine religion was conveyed to humanity and prophethood
came to an end.
The religion of Islam emerged in Mecca but after twenty three years of arduous
efforts made by the Messenger Allah (s) and a handful of his loyal companions it spread
all over the Arabian Peninsula.
The continuation of this divine mission was a task that was entrusted publicly on
Dhul Hijja, the eighteenth, by Allah, the Glorious, to Ali (a.s), the commander of the
faithful and the first personality after the Holy Prophet (a) in the world of Islam.
With the proclamation of Hazrat Alis guardianship and succession on this day,
divine blessings were completed and the religion of Islam was perfected, being
announced as the only religion chosen by Allah. That was how unbelievers and pagans
got disappointed from destroying Islam.
Soon after [the demise of the Messenger of Allah (s)], some of the companions of the
Holy Prophet (s) based on their pre-hatched conspiracies, brought deviation in the
course of guidance and leadership. They closed the gate of the city of knowledge
putting Muslims in perplexity. From the very beginning of their rule, they placed the
truths of Islam that were like shinning sun behind the dark clouds of doubt and
skepticism by putting a ban on recording prophetic traditions , spreading fabricated
traditions , casting doubts and using hypocrisy and deception.
Obviously, in spite of all conspiracies hatched by the enemies of Islam, the truths of
Islam and noble sayings of the Messenger of Allah (s) were promulgated by the
Commander of the Faithful, Ali (a.s.), his successors and a few of his devout
companions and those truths kept flowing and manifesting themselves in one way or the
other in the course of history. By explaining the truths, they did away with the doubts,
hesitation, illusions, and unfounded beliefs inculcated by the enemies of Islam, making
truths clear to all.
In this respect, great scholars and men of knowledge such as Sheikh Mufid, Sayyid
Murtadha, Khaja Nasir, Allamah Hilli, Qadhi Nurullah, Mir Hamid Husain, Sayyid
Sharafuddin, Allamah Amini etc. are like shining stars for they are the ones who
defended Islamic truths, explained the realities of the school of Ahlulbayt (a.s.) and
dealt with spurious arguments using their tongues and pens.
In our era, one of the of the scholars and researchers who has, with his eloquent pen
and expressive writing, explained the truths of the religion of Islam and astutely
defended the leadership and wilayah (guardianship) of the Commander of the Faithful,
Ali (a.s.) is Ayatollah Sayyid Ali Husaini Milani.
The Islamic Truths Center is proud to embark on reviving the fruitful and precious
works of that great researcher by reviewing, translating and publishing them in a bid to
make them available to students, scientific figures and those who are in search for
Islamic truths.
The book in your hand is a translation of one of his works, intended to acquaint the
English audience with Islamic truths. It is expected that this humble effort will earn the
pleasure of the Remnant of Allah, the Imam of Time [the twelfth Shiite Imam] may
Allah hasten his reappearance.
Islamic Truths Center
Prohibition of Two lawful pleasures

Umar bin Khattab:
Two pleasures were lawful and current during the time of the Holy Prophet (s). I
prohibit those both of them and punish those who commit them. They are mut'a
(pleasure) of hajj and mut'a (temporary) marriage.1
Authors Preface
In the name of Allah, the Beneficent, the Merciful
All praise is due to Allah, the Lord of the worlds and may prayer and peace be upon
our master and Prophet, Muhammad, and his pure progeny, and may Allahs curse be
upon all their enemies from the first to the last one.
In Islamic rulings, we have two Mut'as, Mut'a of hajj and Mut'a (temporary)
marriage. Muslim scholars have from long time ago seriously discussed these two issues
from different angles. They have always paid attention to them. Scholars of past and
present have written many books in this regard, with each one looking from a particular
angle at them.
Some scholars of tradition have narrated a tradition from the Holy Prophet (s) which
prohibits temporary marriage. The present work studies and analyses these issues in a
critical manner. Most of these traditions are narrated by Bukhari and Muslim from
Imam Ali (a.s), commander of the faithful. As an instance, in his Sahih, Muslim
Nayshaburi narrates: When Imam Ali (a.s) learns that Ibn Abbas is of the view that
Mut'a is permissible, he, addressing him, says: You are a forgetful person. The Holy
Prophet (s) prohibited us from temporary marriage in the battle of Khaibar.
These traditions are forged and fabricated. Anyone who studies impartially the
chains and significations of them agrees that they are so (forged and fabricated).
The present work studies the chains of these traditions on the basis of the opinions
expressed by great and reliable Sunni scholars. It also evaluates the main parts of these
traditions comparing their texts with each other with the aim to make the truth plain in
regard with these traditions. These assessments are made within two sections. The first
section is on Mut'a of hajj and the second on temporary marriage.
We ask Allah the Exalted to make this discussion a useful one for scholars and
researchers. It is Allah in whose hand lies success.
Ali Husaini Milani
Preface
There is consensus among Muslims that there are verses in the Holy Quran on mut'a
of hajj and temporary marriage.
In regard with mut'a of hajj Allah says:
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But when the pilgrim is secure [from the enemy or illness ] then whoever performs
Hajj following 'Umrah, he must make an offering easily available, but he who is not
able to find any offering he should fast three days during the hajj and seven days after
his return to his home, making ten days complete. This is for him whose household does
not live near the Sacred Mosque. Fear from the disobedience of Allah's commands and
know that Allah is the server in punishment.
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If you marry them for the appointed time you must pay their dowries. There is no
harm if you reach an understanding among yourselves about the dowry. God is Allknowing and All-wise.
Obviously, Muslims acted in accordance with these verses until Umar bin Khattab
after assuming caliphate declared:
Two pleasures were lawful and current during the time of the Holy Prophet (s). I
prohibit both of them and punish those who commit them. They are mut'a of hajj and
temporary marriage.
Thus there emerged difference among Muslims. The followers of Umar, who
considered his words as a part of their principles were perplexed as how to justify his
words which were as he himself admitted in contradiction with Allah's commandment.
Umar himself said that two pleasure were lawful and he prohibited them.
Section One: Mut'a of hajj

What is the mut'a of hajj?
In mut'a of hajj, a pilgrim wears ihram garment in hajj months at Miqat
and then leaves it for the house of Allah in order to perform Tamattu'a Hajj.
[After arriving at the house of Allah], He circumambulates, walks between
Safa and Mawa, does taqsir4 and then gets out of the state of ihram.
Thereupon he once again enters the state of ihram in the same journey in
Mecca or preferably at the Sacred Mosque. Thereupon he goes towards
'Arafat and Mash'ar al-Haram performing hajj rituals to the end.
By doing this, he is able to perform tamatu'a hajj and Umra [in the same
journey]. The term 'mut'a' means pleasure and enjoyment. In this kind of
hajj, things that are prohibited during ihram, are allowed in the interval
between ihrams. That is why it is called mut'a of hajj.
The prohibition of two mut'as and Imam Ali's opinion

When Umar prohibited those two lawful pleasures [muta' of hajj and
mut'a marriage], Imam Ali (a.s), the guardian of Shari'a laws and the
supporter of the Holy Prophet (s) stood against it.
Ahmad bin Hanbal and Muslim Nayshaburi have narrated certain
traditions in this respect. Ahmad quotes Abdullah bin Shafiq as saying:
Uthman used to prohibit mut'a and Ali (a.s) used to allow it. Addressing
Uthman, Ali (a.s) said: You are so and so!5
Thereupon Ali (a.s) said: You know very well that we used to practice
mut'a at the time of the Holy Prophet (s).
Uthman said: Yes, but we entertained fear.6
In another tradition, Sa'eed bin Musayyab says:
'Ali and 'Uthman differed on Hajj-at-Tamattu' while they were at 'Usfan
(a familiar place near Mecca). 'Ali said, "I see you want to forbid people
from doing a thing that the Prophet did?" When 'Ali saw that, he assumed
Ihram for both Hajj and 'Umra.7
In another tradition, Marwan bin Hakam says:
I saw 'Uthman and 'Ali. 'Uthman used to forbid people from performing
Hajj-at-Tamattu' and Hajj-al-Qiran (Hajj and 'Umra together), and when 'Ali
saw (this act of 'Uthman), he assumed Ihram for Hajj and 'Umra together
saying, "Labbaik for 'Umra and Hajj," and said, "I will not leave the
tradition of the Prophet on the saying of somebody."8
Great companions on prohibition of two mut'as

The great companions of the Holy Prophet (s) have also confirmed the
stance that Imam Ali (a.s) took in regard with the prohibition of the two
mut'as. Here are the views of some of them:
Ibn Abbas
One of the companions who has rejected Umar's opinion is Ibn Abbas. In
his Musnad, Ahmad bin Hanbal narrates:
Once Ibn Abbas said: The Holy Prophet used to perform mut'a of hajj.
'Arwa bin Zubair said: Abu Bakr and Umar prohibited mut'a of hajj.
Belittling him, Ibn Abbas said: What does this little 'Arwa say?
10
'Arwa said: I said that Abu Bakr and Umar prohibited mut'a of hajj.
In response Ibn Abbas said: I think they are perished! I say that the Holy
Prophet says so and so and he says that Abu Bakr and Umar forbade people
from doing it!9
Sa'ad bin Abi Waqqas
Sa'ad bin Abi Waqqas did not accept Umar's opinion either. In his Sunan,
Tirmidhi quotes Muhammad bin Abdullah bin Harith bin Nufil as saying:
Sa'ad bin Waqqas and Dahhak bin Qays were talking on muta' of hajj.
Dahhak bin Qays said that no one except someone who does not know about
shari'a laws does it (mut'a of hajj).
Sa'ad said: My nephew! How bad your idea is!
Dahhak said: Umar bin Khattab has prohibited it (mut'a of hajj).
Sa'ad said: The Messenger of Allah did it and following him we did it
too.
After quoting this tradition, Tirmidhi says that the chain of this tradition
is authentic.10
Abu Musa 'Ash'ari
Another companion who has refused to accept Umar's opinion is Abu
Musa Ash'ari. In his Musnad, Ahmad says: Abu Musa always decreed that
mut'a of hajj was permissible. One day a man addressing him, said: Review
some of your decrees, as you do not know that Umar, commander of the
faithful has given a new decree concerning hajj rituals!
Thereupon, Abu Musa met Umar and asked him about it. In response,
Umar said: I know that the Holy Prophet (s) did it and his companions also,
following him, did it, but I did not like Muslims to (leave mut'a of hajj and)
make sex with their wives under these arak11 trees and then perform hajj
rituals while their heads and hairs are wet.12
Jabir bin Abdullah Ansari
Jabir bin Abdullah Ansari was also among the companions who were
opposed to Umar's opinion concerning mut'a of hajj. Muslim in his Sahih
and others have reported the following:
Abu Nadra reported: Ibn'Abbas continued to decree that mut'a of hajj was
permissible, but Ibn Zubair forbade doing it. I made a mention of it to Jabir
b. Abdullih and he said: It is through me that this hadith has been circulated.
We entered into the state of Ihram as Tamattu' with the Messenger of Allah
(may peace be upon him). When 'Umar was Installed as Caliph, he said:
Verily Allah made permissible for His Messenger (may peace be upon him)
whatever He liked. Quran is revealed for a particular occasion. Now
however separate hajj from umra (mut'a of hajj) and leave aside temporary
marriage. And any person would come to me with a marriage of appointed
duration (Mut'a), I would stone him (to death).13
Abdullah bin Umar
Abdullah bin Umar was also opposed to his father's decree concerning
mut'a of hajj. When he was asked about mut'a of hajj, he said, "Mut'a of hajj
is permissible". When the questioner said that his father had forbidden it, he
said, "If my father forbade it and the Holy Prophet permitted it, whom
11
should we follow, my father or the Holy Prophet (s)?" When the questioner
said 'indeed the Messenger of Allah's command', Abdullah bin Umar said,
"The Messenger of Allah (s) did it himself".14
Imran bin Husain
According to Ibn Abd al-Barr in his al-Isti'ab and Ibn Hajar Asqalani in
his al-Isaba, Imran bin Husain was one of the great companions and
jurists.15 During the last days of his life, he was extremely critical of Umar's
opinion. Muslim narrates a tradition as under:
Mutarrif reported: 'Imran bin Husain sent for me during his illness of
which he died, and said: I am narrating to you some traditions which may
benefit you after me. If I live you conceal (the fact that these have been
transmitted by me), and if I die, then you narrate them if you like (and these
are): I am blessed, and bear in mind that the Messenger of Allah (may peace
be upon him) combined Hajj and Umra. Then no verse was revealed in
regard to it in the Book of Allah (which abrogated it) and the Apostle of
Allah (may peace be upon him) did not forbid (from doing it). And
whatever a person (Umar) said was out of his personal opinion.16
Commenting on traditions that indicate that Imran bin Hasin was denying
it, Nawavi says, "All these traditions unanimously agree that Imran intended
to say that mut'a of hajj and qiran hajj17 both were permissible. This
tradition likewise clearly indicates that Imran is critical of Umar's decree
concerning mut'a of hajj".18
Ibn Taymiyya defends Umar but admits his mistake

Ibn Taymiyya, a great Sunni scholar has also commented in this regard.
Defending Umar's opinion concerning women, he says that Umar wanted to
order [his followers] to do a better thing. To substantiate his point of view,
he resorts to Ibn Umar's words, saying that Abdullah bin Umar used to
allow mut'a. When he was told that his father had prohibited it, he said that
his father meant something else [from prohibiting Mut'a].
In short, Ibn Taymiyya wants to say that the prohibition verdict issued by
Umar was something acting on which was optional not compulsory,
implying that Umar did not really prohibit the said two mut'as.19
In my point of view, the justification on the bases of which Umar wanted
to order his people to do a better thing is not acceptable at all. This is utterly
false and ridiculous. On the other hand, he has attributed something to Ibn
Umar, which is in contradiction with what is narrated from Ibn Umar in
Sunni books. According to Ibn Kathir, Abdullah used to oppose his father to
the extent that when he was told that his father used to prohibit mut'a, he
said, "I am afraid lest Allah descends stones from the sky on you! The
Messenger of Allah (s) used to do it. Whose tradition should we now follow,
the Holy Prophet's tradition or Umar's?!20
The main point in Ibn Taymiyya's words is his denial of Umar's opinion
according to which the said two mut'as are forbidden.21 A group of scholars
have however, as we will mention, narrated this opinion.
Nevertheless, it seems that Ibn Taymiyya has sensed that his struggles for
the justification of Umar's stand are in vain, leading nowhere. That is why
he helplessly mentions that Sunni scholars are unanimous that it is only the
12
Messenger o Allah whose deeds are authoritative and we are supposed to

follow them. According to him, on the view of Sunni scholars all human
beings except the Holy Prophet (s) are prone to error and Umar is no
exception to this rule.22
The stand taken by Umar is considered to be an 'innovation', being an
instance of the tradition reported by Abu Musa Ash'ari, who quotes the Holy
Prophet as saying:

23

I am your predecessor at the Lake-Fount, and some of you will be

brought in front of me till I will see them and then they will be taken away
from me and I will say, 'O Lord, my companions!' It will be said, 'You do
not know what they did after you had left.'
It can be said that the main aim behind forbidding mut'a of hajj was to
revive a tradition that was current at the time of ignorance. This is because it
was considered a major sin on earth at the time of ignorance to do mut'a of
hajj during the hajj months.24
In his al-Sunan al-Kubra, Bayhaqi quotes Ibn Abbas as saying: By Allah,
the Messenger of Allah did not take Aisha with himself during the hajj
months but to declare the tradition practiced at the time of ignorance as null
and void. That is why there are many authentic traditions that quote the
Holy Prophet (s) as saying:

If I had formerly known what I came to know lately, I would not have
brought the Hadi (sacrificial animal) with me. [Had there been no Hadi with
me, I would have finished the state of lhram] . Suraqa b. Malik b. Ju'shum
said: O Messenger of Allah, is it (this concession putting off Ihram of Hajj
or Umra) meant for this year or is it forever? He said: It is forever.25
According to this tradition, it is not necessary to make sacrifice in order
to get out of the state of ihram. It indicates that it is permissible to get out of
the state of ihram after completing the rituals of umra of tamattu'a. The said
tradition is reported by all Sahihs and Bukhari has allocated a particular
chapter to it.
13
Section Two: Temporary Marriage

What is temporary marriage?
In a temporary marriage a free and wise woman concludes a marriage
contract with a Muslim man on a specified dowry and time and the man
accepts the contract. This is called temporary or mut'a marriage. The
conditions necessary for this kind of marriage are the same as those needed
for permanent marriage. Among these conditions is that there should not be
any obstacle (on the way of this marriage) whether by blood or by marriage.
In this kind of marriage like the permanent marriage, it is permissible to
give power of attorney to a concluder of marriage. The child they will have
will be legitimate belonging to its father. All the consequences of permanent
marriage including mahramiyat (intimacy) and iddah (a period during which
a divorced or widowed woman many not be married to another man) can be
followed through temporal marriage.
The difference between these two kinds of marriages is that in temporary
marriage separation can take place with the expiration of the time fixed or
the exemption of the remaining time without applying divorce.
The idda period in this kind of marriage is two menstrual periods for
women who have reached menopause. This is to say if the woman in
question has goat her period. Otherwise idda period will be 45 days.
Among other conditions of this kind of marriage is that man and woman
do not inherit from each other and man is not supposed to sponsor her. The
fact that temporary marriage has its specific rules and regulations not
available in permanent marriage does mean that there are two kinds of
marriages in Islam. It does not imply either that temporary marriage is like
marriage of bond women, different from permanent marriage. The
difference between the two is limited to a few legal words.
Arguments for temporary marriage

The Holy Quran, prophetic tradition and the consensus among Shia and
Sunni scholars signify that this kind of marriage was legitimate and current
in Islam. Here are the arguments for this kind of marriage.
Temporary marriage and Quranic Argument for it
Allah says:
26

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:
Then as to those whom you profit by give them their dowries as

appointed
A tradition tells us that according to a group of companions and their
followers who were a reference in reciting the Holy Quran and
comprehending its verses, the said verse is about temporary marriage. It is
said that they used to recite it as under:
H
Then as to those whom you profit by until an appointed time .
They used to record this verse as mentioned above in their copies of the
Holy Quran. According to this reading, the Holy Quran is very clear about
temporary marriage. Among those who considered this verse as verifying
14
temporary marriage are Abdullah bin Abbas, Ubai bin Ka'ab, Abdullah bin
Masud, Jabir bin Abdullah, Abu Sa'aeed Khidri, Sa'aeed bin Jabir, Mujahi,
Suddi and Qutada.27
Moreover, traditionists have quoted Ibn Abbas as saying three times: By
Allah, Allah has revealed this verse in that way.
Above all, Qurtubi mentions that according to all scholars this verse is
about temporary marriage. According to him, all have said that this verse is
about temporary marriage that was current at the early period of Islam.28
Temporary marriage in tradition
There are several traditions concerning temporary marriage but we will
suffice to narrating only one tradition that is reported from Abdullah bin
Mas'ud by Bukhari, Muslim, Ahmad bin Hanbal and others:
We used to participate in the holy wars carried on by the Prophet and we
had no women (wives) with us. So we said (to the Prophet). "Shall we
castrate ourselves?" But the Prophet forbade us to do that and thenceforth he
allowed us to marry a woman (temporarily) by giving her even a garment,
and then he recited:
29
( &c f "
"O you who believe! Do not make unlawful the good things which Allah
has made lawful for you."30
It is however obvious why Ibn Mas'ud has recited this verse after
narrating the said tradition. He did so because he was critical of the man
(Umar) who forbade it.
Temporary marriage and consensus
Muslims unanimously agree that temporary marriage is a kind of
marriage. After mentioning some specifications of temporary marriage he
mentions:
Previous scholars did not differ that temporary marriage is a kind of
marriage in which there is no inheritance and in which separation takes
place after the expiration of the duration of contract needing thus no
divorce.
Qurtubi then quotes Ibn Atiyya on the specifications of this contract and
its rulings.31
Tabari also quotes Saddi as saying, "In this kind of marriage, man
marries a woman on a pre-specified dowry and time "32
In his al-Tamhid, Ibn Abd al-Barr, says, "Scholars are unanimous that in
temporary marriage there is no need for witness or the permission of the
guardian of the woman. Similarly all agree that this kind of marriage is
temporary in which there is no exchange of inheritance and in which
separation takes place with the termination of the duration of contract not
with divorce."33
Umar forbids temporary marriage

(Like mut'a of hajj), temporary marriage was lawful and current during
the time of the Holy Prophet (s), Abu Bakr and even for some while at the
time of Umar, until Umar forbade it saying, "Two pleasures were lawful and
current at the time of the Messenger of Allah (s) but I forbade both of them
15
and punish those who do them. They are pleasure (mut'a) of hajj and
temporary (mut'a) marriage.
This word of Umar has been mentioned in tradition sources as well as in
commentary and theological books. Among the books that contain it, are:
Tafsir Razi, Sharh Ma'ani al-Athar, Bayhaqi's al-Sunan al-Kubra, Bidaya
al-Mujtaheed, al-Muhallah, Jassas's Ahkam al-Quran, Ash'arite Qushji's
Sharh al-Tajrid, Tafsir Qurtubi, al-Mughni, Zad al-Mi'ad fi Huda Khair alIbad, al-Durr al-Mansur, Kanz al-Ummal and Wafiyat al-A'ayan.34
Some historians and traditionists such as Sarakhsi have mentioned that
this tradition is authentic. Others like Ibn Qayyim Jawzi have testified to the
authenticity of this tradition.
In his al-Muhadirat, Raghib Isfahani says: Addressing a sheikh in Basra,
Yahya bin Aktham said, "Whom do you follow in permitting mut'a?" "I
follow Umar", he replied. "How do you follow him while he was among the
strictest opponents of mut'a?", he asked. "This is because according to an
authentic tradition, he mounted pulpit and said: Allah and His Messenger (s)
made two mut'as lawful to you, but I forbade them and punish those who do
them. I accept his testimony that this practice was lawful but I do not accept
his verdict", he answered.35
According to some traditions, Umar forbade the said two mut'as plus
with 'Hayya ala khair al-'Amal' chapter in the azan and iqama of daily
prayers.
In accordance with a tradition, 'Ata quotes Jabir bin Abdullah Ansari as
saying:
We used to practice temporary marriage during the time of the Holy
Prophet until Amr bin Huraith temporarily married a woman (whose name
Jabir mentioned but I forgot) towards the end of Umar's caliphate. She
became pregnant. When Umar learnt about it he summoned her and asked:
"Is it true that you have temporarily married?" "Yes", she replied. "Who is
your witness?" Asked Umar. According to Ata she introduced her mother or
guardian as her witness. "Is there anyone else who stands witness?", Umar
asked.
It was after this happening that Umar forbade temporary marriage.36
There are other similar traditions in accordance with some of which Umar
threatens her that he would stone her to death.37
According to another tradition, a Syrian man came to Medina and
married a woman there temporarily. He stayed with her for sometimes until
the period ended. When Umar learnt about it, he summoned him and asked,
"Why did you marry her temporarily?" "We did so during the lifetime of the
Holy Prophet (s) but he did not prohibit us from doing it until he died. Same
was the case with Abu Bakr. He did not prevent us from doing it until he
died and you came to power. We have not heard that you have forbidden
temporary marriage", he answered. "I swear by the One in whose hand is
my life, if I had forbidden temporary marriage before I would have stoned
you to death", Umar said.38
As it is plain, all traditions attribute the prohibition of temporary
marriage to Umar, using these wordings: "When Umar came to power he
16
prohibited two mut'as", "Umar forbade it", "A man (Umar) issued a selffabricated verdict" etc.
Thus if it were the Holy Prophet (s) who prohibited it no one would
attribute the prohibition or its ill consequences to Umar.
Imam Ali (s) is quoted as having said:
39
If Umar did not prohibit temporary marriage no one would commit

adultery except a vicious person.
Ibn Abbas is also quoted as having said: "Temporary marriage was
nothing but Allah's blessing to His servants. If Umar did not prohibit
temporary marriage no one would commit adultery except a vicious
person."40
Therefore the first one who prohibited temporary marriage was Umar bin
Khattab.41 It is Umar himself who says that two mut'as (pleasure of hajj and
temporary marriage), were legal during the time of the Holy Prophet (s) but
he forbids them.
He does not talk about the Holy Prophet's prohibition. Instead, he
attributes it to himself. He considers punishment for outlaws. When the
Syrian man said that until then he had received no verdict from him
forbidding temporary marriage, he did not refute his words. He instead
admitted that until then temporary marriage was legal.
The tradition also contains the term '
'which means 'you did not
invent'. The application of the term 'invent' implies that Umar's verdict was
an innovation in religious matters.
Great companions and prohibition of temporary marriage

Albeit some companions such as Abdullah bin Zubair have followed
Umar in prohibiting temporary marriage great companions, following the
Holy Quran and the Holy Prophet's tradition, believed that it was lawful.
Forerunners among great companions were Imam Ali (s) and other
infallibles.
Expressing his point of view in this regard, Ibn Hazm says, "Some great
companions continued to consider temporary marriage as lawful after the
demise of the Holy Prophet (s). included among them are Asma, daughter of
Abu Bakr, Jabir bin Abdullah Ansari, Ibn Mas'ud, Ibn Abbas, Mu'awiya bin
Abi Sufyan, Amr bin Huraith, Abu Sa'aeed Khidri, Salma and Ma'abad,
children of Half".
Jabir bin Abdullah Ansari has quoted all companions as saying that
temporary marriage was lawful at the time of the Holy Prophet (s), Abu
Bakr and the early period of Umar's caliphate. From among the followers of
companions (Tabi'aeen), it was Tawoos, 'Ata, Sa'aeed bin Jubair and other
jurists of Mecca who considered temporary marriage as lawful.42 Ibn
Hazam, however does not mention names such as Imran bin Husain and
other companions. Qurtubi has also mentioned these names. Quoting Ibn
Abd al-Barr, he says, "All the followers of Ibn Abbas from the people of
17
Macca and Yemen have followed him in considering temporary marriage as

lawful".43
Abd al-Malik bin Abd Aziz (d. 149 AH), known as Ibn Jarih, a
prominent jurist in Mecca, has considered temporary marriage as lawful. He
is a great jurist, a well-known follower of companions, a reliable traditionist
and one of the narrators from whom Bukhari and Muslim have narrated. It is
said that he contracted temporary marriage with about 90 women.
Ibn Khllakan says that during his caliphate, Ma'amoon proclaimed
temporary marriage as legal. Muhammad bin Mansoor and Abu al-Aina
(from among the jurists of his court) paid him a visit and tried to change his
view, but Ma'amoon who was brushing his teeth, got angry, mentioning the
word of Umar, "Two pleasures were lawful at the time of the Messenger of
Allah and Abu Bakr but I forbid them" [and saying,] "O cross-eyed! How
can you prohibit what the Messenger of Allah (s) and Abu Bakr have done?"
Muhammad bin Mansur wanted to say something to Ma'amoon, but Abu
al-'Aina told him quietly, "What would you like to say to a person who says
such things so explicitly about Umar?"
At this moment, Yahya bin Aktam entered. He met Ma'amoon behind
closed doors. He talked to him about the dangers of sedition (that his theory
may cause) and thus was able to change his view.44
A defense of Umar
We will now deal with the words of those who trouble themselves in vain
in order to defend Umar and justify this action of his. This is because the
legality of temporary marriages is indisputable and is among the selfevident truths of Islam from the perspective of Quran and Prophet's
tradition. Despite all these the second caliph tries to resist it.
Three distinctive opinions
Those who tried to justify Umar's verdict are roughly speaking of three
categories:
One: The Messenger of Allah (s) abrogated the legality of temporary
marriage, but no one other than Umar was aware of it.
After relating some justifications for Umar's action and denying them,
Fakhar Razi relates the above mentioned opinion, saying, " The only option
left is to say, when Umar said that temporary marriage was lawful at the
time of the Holy Prophet (s) but he prohibited it, he meant that it was proven
to him that the Holy Prophet had forbidden it".45
After mentioning this word of Umar, Nawavi says that those who
contracted temporary marriage at the time of Abu Bakr and Umar were not
aware of its abrogation.46
Two: The Holy Prophet (s) himself prohibited temporary marriage.
Three: Umar prohibited temporary marriage.
Ibn Qayyim Jawzi has related the second and third opinions.47 Those who
accept the second view and say that it was the Prophet himself who
prohibited temporary marriage are highly divided on when the Holy Prophet
(s) prohibited it. They fall into seven divisions48 which say that abrogation
happened:
1. at the battle of Khaibar. This view is supported by Shafi'ai.
18
2. at the time of performing umra hajj after the conquest of Mecca.

3. in the year of the conquest of Mecca. Ibn 'Aiyna and others followed
it.
4. at the battle of Awtas.
5. at the battle of Hunayn.
Commenting on this view, Ibn Qayyim says that since the battle of
Hunain is connected to conquest of Mecca, therefore this view can be
reduced to the second view.49 We will deal with this opinion later.
6. in the year in which the battle of Tabuk occurred. We will talk about it
later.
7. in the year in which Farewell Hajj happened. Ibn Qayyim is of the
view that this opinion is the illusion of some reporters. In their imaginary
journey, they covered the distance between the conquest of Mecca and the
Farewell Hajj. This is because imaginary journeys from one point to
another, from one time to another or from one event to another is something
that frequently happens for narrators!50
In short, the supporters of the third opinion, are of the view that Umar
prohibited temporary marriage but the Holy Prophet ordered his community
to follow his tradition and what his guided caliphs order.51
We have taken these views from what they have said here and there
without any specific order and arrangement. It is however good to evaluate
these opinions.
A critique of first opinion
It would be far better for Fakhr Razi, the imam of the Sunnis if he did not
touch the question of abrogation at the hand of the Holy Prophet (s) and
Umar's exclusive knowledge about it. This is because one cannot accept that
Umar was aware of abrogation and Imam Ali (a.s) and other great
companions did not know about it. Why did the Holy Prophet (s) tell him
about it? Why didn't he mention this when Imran, an illiterate man was
advising him? Addressing him, Imran said, "Your community is critical of
you because of four things, including forbidding temporary marriage. Allah
had made it legal and we were able to contract temporary marriage through
a handful of dates [but you forbade it]. Let's skip the other three issues".
"The Holy Prophet (s) permitted it at an emergency time. When people are
not in an emergency situation there is no need for the legality of temporary
marriage ",52 Umar replied.
Why didn't Muslims accept this answer from Umar and the difference
among them remained until now?
A critique of the third opinion
According to this opinion, it was Umar who forbade temporary marriage
and it is a must on this view to follow his order.
Commenting on this issue, Ibn Qayyim says, "It is said that in his Sahih,
Muslim Nayshaburi, quotes Jabir bin 'Abdullah as saying: We contracted
temporary marriage giving a handful of dates or flour as a dower during the
lifetime of Allah's Messenger (may peace be upon him) and during the time
of Abu Bakr until 'Umar forbade it in the case of 'Amr bin Huraith. What do
you say in response to this tradition which says that temporary marriage was
19
forbidden at the time of Umar? Likewise it is proven that Umar has said,
"Two pleasure were lawful and current during the time of the Holy Prophet
(s). [I prohibit both of and punish those who commit them.] They are mut'a
of hajj and temporary marriage". How do you justify these words?
In response, it is said that scholars are divided into two groups on this
issue: Some say that Umar prohibited temporary marriage and forbade
people from doing it. The Messenger of Allah had ordered people to follow
his traditions and the verdicts of his caliphs. Thus it is an obligation to
follow Umar's verdict. They do not believe in the authenticity of the
tradition narrated by Abd al-Malik bin Rabi'a bin Sira from his father, from
his father, according to which temporary marriage was forbidden in the year
of the conquest of Macca. Ibn Mu'aeen has criticized this tradition which is
not related by Bukhari in his Sahih, though it was necessary to deal with it
as an Islamic principle. It can thus be said that Bukhari did not mention
because it was not authentic from his point of view. If he did not entertain
doubt in regard with its authenticity, he would have mentioned it and dealt
with its chains. Narrators of traditions are of the view that if Sabra's
tradition is authentic then there is no fault with Ibn Mas'ud narrating their
practice of temporary marriage and invoking a Quranic verse.
Similarly, if this tradition is right Umar must not say that this practice
was current at the time of the Holy Prophet (s) but he forbade it, threatening
to punish those who did it. Instead, he must say that the Holy Prophet
forbade it and prohibited us from contracting temporary marriage.
Some scholars are of the view that if this tradition were right temporary
marriage should not have been in use at the time of Abu Bakr.
The second group of scholars considers Sabra's tradition as authentic.
According to them, even if this tradition is not authentic there is another
authentic tradition narrated by Ali (a.s), according to which the Holy
Prophet (a.s) prohibits contracting temporary marriage with women.
Thus we must interpret Jabir's tradition, saying: "Those who are said to
have contracted temporary marriage were in fact unaware of its prohibition.
The prohibition was not known until the time of Umar, when there emerged
a dispute concerning the issue of temporary marriage. It was at this time that
the prohibition of temporary marriage was known. In this way, there will be
reconciliation between conflicting traditions.53
The proponents of this opinion, according to this view, believe that it was
Umar who forbade temporary marriage, not Allah and His Messenger. They
however justify the prohibition made by Umar, attributing thus the
prohibition to Allah and His Apostle by saying that the Holy prophet has
ordered us to follow the verdicts issued by the guided caliphs.
That is the most important justification for what Umar did, but we should
remember that it is based on a tradition that deems following guided caliphs
as obligatory. If it is proved that this tradition is not authentic then it has to
be admitted that Umar has introduced something 'heretical' in religion. Most
of the companions of the Holy Prophet (s) have also said the same thing.
According to Ibn Qayyim, the Messenger of Allah (s) has ordered [us] to
follow the verdicts issued by caliphs. His word refers to what the Holy
20
Prophet (s) has reportedly said, "Follow my tradition and the tradition of the
guided caliphs after me, hold fast to them and keep abiding by them".
It is worth mentioning that studies show that this tradition is false and
fabricated with all its chains.54 Some great Sunni scholars such as Hafiz bin
Qattan (d. 628 AH) have rejected it. Commenting on Abd al-Rahman Salmi,
Ibn Hajar says, "He has reported only one tradition on admonishing which is
regarded as authentic by Tirmidhi".
I would like to add that Ibn Hayyan and Hakim Nayshaburi have narrated
this tradition in al-Mustadrak 'ala al-Sahihayn. According to Ibn Qattan,
this tradition is not authentic, for its narrator is not known.55 It should be
noted that great scholars have given an account of the life of Ibn Qattan and
admired him.56
A critique of the second view
As to the time of prohibition of temporary marriage by the Holy Prophet
(s), there are more than one opinion about it. Some are of the view that
temporary marriage was forbidden in the year of Farewell Hajj.
Commenting on this view, Ibn Qayyim says that the origin of this view is to
be sought in some of the narrators.
According to others, temporary marriage was forbidden in the year in
which the battle of Hunain occurred. Rejecting this opinion, Ibn Qayyim
says, "Since there is no [considerable] temporal distance between the battle
of Hunain and the conquest of Macca, this opinion can be be considered as
the same as the second opinion".57 As to the opinion that the prohibition
occurred in the battle of Awtas, Suhaili says, "The opinion of those who say
that prohibition occurred in the battle of Awtas is in line with the tradition
that says that prohibition happened in the year of the conquest of Mecca".58
As to the prohibition of temporary marriage in compensatory umra,
Suhaili says, "Strangely enough, some traditions deem prohibition to have
occurred in in the battle of Tabuk or in compensatory umra".59 According to
Ibn Hajar 'Asqalani, it is not correct to say that temporary marriage was
forbidden in in compensatory umra. This is because the tradition that
supports it is mursal (broken) narrated from Hasan. His mursal traditions are
weak, for he used to narrate from anyone he came across. If his tradition is
presumably right, then it has to be said that he meant it was forbidden in the
battle of Khaibar. This is because these two battles happened in the same
year, just as the battles of Mecca and Awtas happened in one year.60
According to Ibn Qayyim the truth is to say that temporary marriage was
forbidden in the year of the conquest of Mecca.61
On the view of Ibn Hajar, the tradition that is narrated by Muslim stating
that prohibition occurred in the year of the conquest of Mecca is more
acceptable. The year of the conquest of Mecca is thus the year in which
temporary marriage is forbidden. He firstly relates all traditions and
opinions and then evaluates them. Commenting on this view, he finally
says, "From among the different suggestions about the time of prohibition,
the opinions that suggest the year of the battles of Khaibar and Mecca as the
time when prohibition was made, is more correct. We talked before about
21
the opinion that says prohibition occurred in the battle of Khaibar.

According to Suhaili most scholars hold this view.62
Prohibition happens in year of conquest of Mecca
Here is the text of the tradition (as reported by Muslim) that suggests that
temporary marriage was prohibited in the year of the conquest of Mecca.
Ishaq bin Ibrahim narrated from Yahya bin Adam from Ibrahim bin Sa'aeed
from Abd al-Malik bin Rabi'a bin Sabra Juhanni from his father, from his
grandfather who said, "In the year of the conquest of Mecca, the Messenger
of Allah ordered us to contract temporary marriage but before leaving
Mecca he prohibited us from doing it.63
Prohibition happens in battle of Tabuk
There is a tradition that says that temporary marriage was prohibited in
the battle of Tabuk. Sunni narrators have reported it from three companions
of the Holy Prophet (s), namely Imam Ali (a.s), Jabir bin Abdullah Ansari
and Abu Huraira. Nawavi quotes Imam Ali (a.s) as saying, "All scholars
excluding Muslim quote Ali (a.s) as saying that the Holy Prophet (s)
prohibited temporary marriage in the battle of Tabuk. The chain of this
tradition is as below: Ishaq bin Rashid narrates from Zuhri from Abdullah
bin Muhammad bin Ali from his father who quotes Ali (a.s) as saying 64
Hazmi narrates this tradition from Jabir. As to the tradition of Abu
Huraira, it is reported from him by Ibn Rahwiyya and Ibn Habban. Ibn Hajar
has also related the tradition narrated by these two persons. 65
Since we will deal with tradition of the battle of Tabuk [in future] we will
skip dealing with it right know.
Prohibition occurs in battle of Hunain
There is a tradition that says that temporary marriage was prohibited in
battle of Hunain. Sunni narrators have narrated this narration from Imam Ali
(a.s). Nisaee narrates it as under:
Amr bin Ali, Muhammad bin Bashar and Muhammad bin Muthanna
quote Abd al-Wahhab as saying, "Yahya bin Sa'eed says: Malik bin Anas
narrated from Ibn Shahab from Abdullah and Hasan, children of
Muhammad bin Ali, from their father, Muhammad bin Ali who quoted Ali
(a.s) as saying: The Messenger of Allah prohibited it in the battle of Khaibar
[/Hunain]."
Muhammad bin Muthanna says that this tradition uses 'battle of Hunain'
in place of 'battle of Khaibar'. He says that Abd al-Wahhab has mentioned it
as such in his book.66
Prohibition of temporary marriage in battle of Khaibar
In their sihah and other books, Sunni narrators have narrated from Imam
Ali who said that temporary marriage was prohibited in the battle of
Khaibar. There are different variations of this tradition. We will suffice to
what Bukhari and Muslim have said.
Bukhari narrates from Malik bin Ismael from Ibn Ayyina from Zuhri
from Hasan bin Muhammad bin Ali and his brother Abdullah from their
father who quotes Ibn Abbas as saying, "The Holy Prophet (s) prohibited
22
temporary marriage and and the flesh of domestic asses in the battle of
Khaibar".67
Muslim has reported this tradition through several chains which are as
follows:
Chain One: Yahya bin Yahya narrated Ibn Shihab, from Abdullah and
Hasan, children of Muhammad bin 'Ali from their father who quoted Imam
Ali as saying, "Allah's Apostle (may peace be upon him) on the Day of
Khaibar prohibited forever the contracting of temporary marriage and eating
of the flesh of the domestic asses."
Chain Two: Abdullah bin Muhammad bn Asma Zab'ai narrated from
Juwariyya from Malik (as in the previous chain) who said that he heard Ali
addressing somebody say, "Your are forgetful . This is because the
Messenger of Allah had prohibited us from contracting temporary marriage
with women "
Chain three: Abu Bakr bin Abi Shaiba and Ibn Numair and Zuhair bin
Harb from Ibn Ayyina from Zuhair, from Zuhri from Hasan and Abdullah
children of Muhammad bin Ali from their father who quotes 'Ali (Allah be
pleased with him) as saying, "The Holy Prophet (s) on the Day of Khaibar
forbade forever the contracting of temporary marriage and the eating of the
flesh of domestic asses".
Chain Four: Muhammad bin Abdullah bin Numair narrated from his
father, from Ubaidullah from Ibn Shahab from Hasan and Abdullah children
of Muhammad bin Ali from their father who said, "Ali (Allah be pleased
with him) heard that Ibn Abbas (Allah be pleased with them) gave some
relaxation in connection with the contracting of temporary marriage,
whereupon he said: Don't be hasty (in your religious verdict), Ibn 'Abbas,
for Allah's Messenger (may peace be upon him) on the Day of Khaibar
prohibited forever the doing of it and eating of the flesh of domestic asses".
Chain five: Abu Tahir and Harmala bin Yahya narrated from Wahab
from Yunus from Ibn Shahab from Hasan and Abdullah children of
Muhammad bin Ali from their father from an a person who heard Ali (s)
addressing Ibn Abbas say, "The Messenger of Allah (s) forbade contracting
temporary marriage with women and flesh of domestic assess on the day of
Khaibar."68
Common criticisms
All these traditions face some common criticisms which show that they
are false and fabricated, though having authentic chains. We first briefly
mention these criticisms and then we will specifically deal with the tradition
of prohibition of temporary marriage in the year of the conquest of Mecca,
for it is said to be well-known. Thereupon we will deal with the tradition of
prohibition of temporary marriage in the battle of Khaibar. This is because
this tradition is said to be narrated by Imam Ali (s) and Bukhari and Muslim
have also narrated it. The reason why we have chosen to deal with these two
traditions is that Sunni narrators have narrated these two traditions from
Imam Ali (s).
The first criticism concerning these traditions is that they are selfcontradictory contradicting each other in content. Some of these traditions
23
refute others, a thing that has caused confusion among Sunni scholars
making them present contradictory solutions.69
It is because of this that some scholars have been forced to say that
temporary marriage was lawful in the beginning but later on it was
forbidden, though it was made legal again. It was however again declared as
forbidden, to the extent that Muslim has allocated a chapter in his book to
this discussion dealing with the legality of temporary marriage, its
abrogation, its legality for the second time and its abrogation forever.70
The contradictory statements do not end here. Some scholars like Qurtubi
have said that permission and prohibition continued for seven times.71
Ibn Qayyim however says that it is not possible in Islamic Shari'a laws to
accept abrogation more than once not speak of more than twice. He, on the
other hand, thinks that temporary marriage was forbidden on the Day of
Khaibar- a thing that implies a second abrogation which has not happened
and will never happen in Islamic Shari'a laws.72
These opinions are likewise in contraction with Umar's words, for Umar
said, "Two pleasures were lawful and current during the time of the Holy
Prophet (s) but I forbade them " according to these words which are
transmitted through a reliable chain, Umar openly says that he forbade what
was lawful during the time of the Holy Prophet (s).
Another criticism is that the companions of the Holy Prophet (s) whether
before or after Umar's caliphate testify to the fact that temporary marriage
was legal and it was Umar who forbade it. Some of them have also added
that if Umar did not forbid it, no one other than a vicious person would
commit adultery.
Evaluation of prohibition in conquest of Mecca
Let's now assess and evaluate the tradition that says temporary marriage
was forbidden in the year of the conquest of Mecca. If you study Ibn
Qayyim's opinion you will know that this tradition is incorrect. According to
him, Abd al-Malik bin Rabi'a bin Sabra reported this tradition from his
father from his grandfather. Ibn Mu'aeen is critical of the narrator of this
tradition and Bukhari has not mentioned this tradition in his Sahih. It will be
enough to give an account of his life on the bases of what Ibn Hajar has
said.
Ibn Hajar says: Abu Khaithama says: Somebody asked Yahya bin
Mu'aeen about the traditions reported by Abd al-Malik bin from his father
from his grandfather, he said: According to Ibn Mu'aeen his traditions are
weak. Ibn Jawzi quotes Ibn Mu'aeen as saying: Abd al-Malik is weak in
terms of narrating traditions. Abu al-Hasan bin Qattan is of the view that it
was not proved that he was just. Though Muslim narrates traditions from
him we cannot rely on his traditions. As mentioned, Muslim has narrated
only one tradition from him on temporary marriage.73
An evaluation of prohibition in battle of Hunain
Nisaee has reported this tradition from Imam Ali (a.s). We will deal with
it while treating the traditions narrated from him. Thus we avoid evaluating
it now.
24
Besides, Sunni narrators narrate a tradition from Rabi'a bin Sabra,

according to which temporary marriage was prohibited at Farewell Hajj.
According to Abu Dawood, Musaddad bin Musarhad narrated from Abd alWarith from Ismael bin Umayya from Zuhri who said, "We were in the
presence of Umar bin Abd al-Aziz when there was a discussion about
contracting temporary marriage with women. Rabi'a bin Sabra, addressing
Umar bin Abd al-Aziz said: I testify that my father said that the Holy
Prophet (s) forbade temporary marriage at Farewell Hajj.74
Evaluation of prohibition in battle of Tabuk
We will deal with the tradition of the battle Tabuk, which is reported
from Imam Ali (a.s) in its own place. Besides, Ibn Hajar openly says that the
tradition narrated from Jabir is not authentic. This is because it is reported
through Ibn Kathir who is rejected and is not a reliable person.75 In his
Tahdib al-Tahdib, mentioning two narrators named Abbad, he says, "Abbad
bin Kathir Thaqafi Basri and Abbad bin Kathir Ramli Falastini are not
reliable. They are rejected. They narrate fabricated traditions and are liars".
Commenting on Falastini, Abu Hatam says that he was thinking that he
was better than his namesake, but he found that he did not differ from him
and his traditions were thus weak.76
It seems that he who fabricated the tradition did so in order to contradict
authentic traditions that indicate that temporary marriage was legal until the
last moment of the life of the Holy Prophet (s). [To reach their goal], they
also invented numerous traditions to show that Ibn Abbas changed his mind
(and accepted that temporary marriage was forbidden). We will treat this
question later as well as the question of attributing fabricated traditions in
this connection to Imam Ali (a.s).
One of the traditions in question was reported by Abu Huraira.
According to Ibn Hajar, Abu Huraira's tradition is not correct either. This is
because he narrates from Mu'ammil bin Ismael from 'Akram bin 'Amar, both
of whom are questionable.77
An evaluation of prohibition in battle of Khaibar
The most important traditions available in this connection are the
traditions falsely narrated from Imam Ali (a.s). This is because Imam Ali
(a.s) was a vigorous opponents of this prohibition. Those who were
flattering cruel rulers to receive rewards from them did their best to show
their enmity towards Imam Ali (a.s) and fabricate traditions in his name.
The fabricated traditions narrated from Imam Ali (a.s) are self-contradictory
and inconsistent. This is because many were willing to fabricate traditions in
his name. This is also one of the great signs of righteousness. They have
narrated these fabricated traditions from his grandchildren from his son
Muhammad bin Hanafiyya. They have not narrated any fabricated narration
from the children of Imam Hasan (a.s) and Imam Husain (a.s). this is
because they know very well that they cannot be accused of such kind of
things.
Liars falsely relate that when he heard the relaxation Ibn Abbas had
given to temporary marriage he spoke to him angrily . If there were no
contradiction among the fabricated traditions it would be difficult even for
25
scholars to know the truth. Let's now explain in detail under the following
headings, why these traditions are fabricated.
Contradiction on time of prohibition

Zuhri narrates from Hasan bin Muhammad bin Ali and his brother
Abdullah bin Muhammad bin Ali from their father from Imam Ali (a.s),
who addressing Ibn Abbas, said, "The Messenger of Allah (s) prohibited on
the day of Khaibar contracting temporary marriage with women and eating
the flesh of asses".78
Ibn Muthanna narrates this tradition in a slightly different manner:
"The Messenger of Allah (s) prohibited on the day of Huanain
contracting temporary marriage with women and eating the flesh of asses".
He also says that Abd al-Wahhab had related this tradition as under:
Zuhri narrates from Hasan bin Muhammad bin Ali and his brother
Abdullah bin Muhammad bin Ali from their father from Imam Ali (a.s),
who says that the prohibition occurred in the battle of Hunain.79
In accordance with another variation, Zuhri narrates from Hasan bin
Muhammad bin Ali and his brother Abdullah bin Muhammad bin Ali from
their father from Imam Ali (a.s), who says that the Holy Prophet (s)
prohibited termporary marriage in the battle of Tabuk.80
In accordance with another tradition narrated by Muhammad bin
Hanafiyya, Imam Ali (a.s) addressing Ibn Abbas, says that he is a forgetful
person as the Holy Prophet forbade temporary marriage in his Farewell
Hajj.81
In yet another tradition, Shafi'ai narrates from Malik who quotes Imam
Ali (a.s) saying, "The Messenger of Allah (s) prohibited on Khaibar day
eating the flesh of asses".
This tradition does not talk about the prohibition of temporary marriage
with women.82
As it is clear, all these traditions that are apparently reported from Imam
Ali (a.s) have one chain and speak about one subject matter.
If it is said that from among these traditions only some are credible (thus
there is no inconsistency among them), in response it has to be said that [all
these traditions are credible from their point of view]. The first tradition is
regarded as credible by all and that is why they have given reference to it in
their works. As to the second tradition, it has to be said that it is also
reliable, for Nisa'ee has mentioned it in his Sunan which is one the Sihah
Sitta.
As to the fourth tradition, it is mentioned by Tabarani. Haithami has also
said that its reporters are reliable.83 As to the third tradition, Nawavi has
mentioned it. He quotes Qazi Ayyaz as saying, "No one has followed him in
this and thus it is a mistake of his".84
Ibn Hajar says, "Stranger than this is the tradition narrated by Ishaq bin
Rashid according to which temporary marriage was prohibited in the battle
of Tabuk." This is also a fake tradition.85
As to the fifth tradition, the following points have to said:
If he knew that temporary marriage was forbidden on Khaibar day he
would not keep quiet. This is because if he remained silent it would be
26
regarded as concealing the truth which is a bad thing. Shafia'I however

believes that the prohibition took place on Khaibar day.86
Moreover, Malik narrates in his al-Mu'atta from Zuhri from Hasan bin
Muhammad bin Ali and his brother Abdullah bin Muhammad bin Ali from
their father from Imam Ali (a.s) who said, "The Messenger of Allah (s)
prohibited on the day of Khaibar contracting temporary marriage with
women."87
Sunni narrators and playing with Khaibar tradition
It goes without saying that according to Sunnis the most reliable
traditions on prohibition of temporary marriage are traditions reported from
Imam Ali (a.s), according to which the prohibition happened in the battle of
Khaibar. The most important among them is the tradition reported by Zuhri
from Hasan bin Muhammad bin Ali and his brother Abdullah bin
Muhammad bin Ali from their father from Imam Ali (a.s). We must know
Sunnis have narrated this tradition in different variations.
According to Ibn Taymiyya credible reporters in Sahih Bukhari, Sahih
Muslim and other books, have reported this tradition from Zuhri from Hasan
bin Muhammad bin Ali and his brother Abdullah bin Muhammad bin Ali
from their father from Imam Ali (a.s), who addressing Ibn Abbas who was
considering temporary marriage as legal, said, "You are forgetful. The
Messenger of Allah (s) prohibited on the day of Khaibar contracting
temporary marriage with women and eating the flesh of asses"
In their time, great men of Islam such as Sufyan bin Ayyina, Malik bin
Anas and other scholars on whose knowledge, equity and being memorizers
Muslims were unanimous, have reported this tradition from Zuhri as the
most knowledgeable of his time concerning the conduct of the Holy Prophet
(s) and the most concerned among to keep it. Tradition scholars were
unanimous on the authenticity of this tradition and that is why no one form
among them criticized it.88
Sahih Bukhari, Sahih Muslim, Sunan Tirmidhi and Musnad Ahmad have
narrated from Zuhri the following:
Hasan bin Muhammad bin Ali and his brother Abdullah bin Muhammad
bin Ali narrated from their father from Imam Ali (a.s), who addressing Ibn
Abbas, said, "The Messenger of Allah (s) prohibited on the day of Khaibar
contracting temporary marriage with women and eating the flesh of asses"
According to Sahih Muslim, it was heard that Ali bin Abi Talib,
addressing somebody, said, "You are forgetful". It is related in this book
that Ali (a.s) came to know that Ibn Abbas had given relaxation on
temporary marriage and thus addressing him he said, "O Ibn Abbas! Be
cautious!"
According to Nisa'ee, Hasan bin Muhammad bin Ali and his brother
Abdullah bin Muhammad bin Ali narrated from their father from Imam Ali
(a.s) that he learnt that somebody regarded temporary marriage as legal and
thus he addressing him said, "You are forgetful. The Messenger of Allah (s)
prohibited on the day of Khaibar contracting temporary marriage with
women and eating the flesh of asses"
27
Al-Muwatta quotes Imam Ali (a.s) as saying: "On the day of Khaibar, the
harbinger of the Messenger of Allah (s) proclaimed that temporary marriage
was forbidden".
Shafiai also narrates Khaibar tradition, but when he learns that there is
difference about it among Muslims he chooses to remain silent!
Tabarani narrates this tradition as under, "Ali was talking with Ibn Abbas
on the issue of temporary marriage. Addressing Ibn Abbas Imam Ali said,
"You are forgetful. The Holy Prophet (s) prohibited temporary marriage in
his Farewell Hajj". Thus Tabarani has also narrated this tradition though he
is of the view that the prohibition was made in Farewell Hajj.
Points on signification of Khaibar tradition
According to one the one of the traditions narrated, temporary marriage
was prohibited in the battle of Khaibar. A glance at the text and meaning of
this tradition clarifies certain points:
Firstly it shows that Imam Ali (a.s) believed in the prohibition of
temporary marriage. That is why he, addressing Ibn Abbas who in its
lawfulness, said, "You are forgetful".
This is nothing but a mere lie. All knows that Imam Ali (a.s) was a
leading opponent of the prohibition of temporary marriage, just as he was
strongly opposed to the prohibition of mut'a of hajj. It is not however
surprising to fabricate traditions and attribute them to him. The same was
done in the mut'a of hajj .. It is not surprising either to narrate such things
from the two sons of Muhammad bin Hanafiyya from their father from
Imam Ali (a.s).
Bayhaqi narrates a tradition from Hasan bin Muhammad bin Ali and his
brother Abdullah bin Muhammad bin Ali from their father from Imam Ali
(a.s), who said,
89
My son, perform (the obligatory) hajj separately, as it is better.

Secondly, it signifies that the prohibition occurred in the battle of
Khaibar, which is denied by great tradition scholars. They wonder how to
justify it. In his commentary on Sahih Bukhari, Ibn Hajar quotes Suhaili as
saying, "There is some fault with this tradition. This is because according to
this tradition, temporary marriage was prohibited in the battle of Khaibar,
whereas no biographer or historiographer has recorded such a thing".90
Commenting on this tradition, 'Aini quotes Ibn Abd al-Barr as saying,
"The tradition that says that prohibition took place in the battle of Khaibar is
incorrect".91 Qastalani quotes Bayhaqi as saying, "This tradition is not
known to biographers and historiographers".92
According to Ibn Qayyim, the companions of the the Holy Prophet (a.s)
did not contract temporary marriages with Jewish women and they did not
take permission in this regard from the Holy Prophet (a.s). On the other
hand, no one has related any tradition whatsoever on doing it or on its
prohibition.93
According to Ibn Kathir, some scholars including Sheikh Hafiz Abu
Hajjaj Mazi have tried to justify this tradition by rearranging some of its
words. Despite all this, Ibn Abbas continued to believe that it was
28
permissible to eat the flesh of assess and to contract temporary marriage

with women.94
Thirdly it implies that Ibn Abbas and Imam Ali (a.s) differed on this
issue, whereas we do not accept it. This is because Ibn Abbas used to follow
Imam Ali (a.s) particularly on such issues which are among the necessaries
of religion. How can then one believe that Imam Ali (a.s) reminds Ibn
Abbas of a necessary ruling in Islam and yet he continues to resist it?
By Allah this is not the case. That is why liars felt it inevitable to go
towards fabricating traditions. According to Ibn Taymiyya, Ibn Abbas says,
"When I heard about the prohibition of temporary marriage, I gave up my
own opinion".95 But Ibn Taymiyya's words are not true. To refute it, we will
quote Ibn Hajar's words. He quotes Ibn Battal as saying, "The question that
Ibn Abbas gave up his idea is related through weak traditions"96 It is
because of this that according to Ibn Kathir, Ibn Abbas however continued
to cherish the idea that temporary marriage is permissible. Thus he did not
change his mind until the end of his life. This is what some great scholars of
tradition point out.
According to Muslim Urwa bin Zubair quotes Abdullah bin Zubair as
saying, "Some people who are spiritually blind just as they are physically
blind- permit temporary marriage".
Urwa said: You are ignorant and foolish. By my soul, temporary
marriage was practiced during the time of the Holy Prophet (a.s), the most
pious man.
Ibn Zubair said: If you are bold enough go and contract temporary
marriage. By Allah if you do it I will stone you to death.97
He was referring to Ibn Abbas, the son of Imam Ali's uncle. At that time,
he was blind. The traditions reported by Muslim and Ahmad bin Hanbal
from Abi Basra, openly mention the name of Ibn Abbas. It shows that Ibn
Abbas was denying temporary marriage at Mecca during the time of Ibn
Zubair. Until the end of his life, he continued to believe in the permissibility
of temporary marriage and the Meccan jurist were following him.
On the other hand, if the Messenger of Alah (s) had prohibited temporary
marriage and Imam Ali (s) had informed him about it, he would have
accepted it, not showing any sign of opposition.
Points concerning traditions narrated from Imam Ali (a.s)
As mentioned before, the contradictory traditions narrated from the Holy
Prophet (s) through Imam Ali (a.s), are all but fabricated and false. All these
traditions are narrated by Zuhri from the sons of Muhammad bin Hanafiyya
from their father. Hasan bin Muhammad has on the other hand narrated
from Salma bin Awka'a and Jabir bin Abdullah Ansari that the Holy Prophet
(s) visited them and permitted them to contract temporary marriage with
women.
This tradition signifies that the two sons of Muhammad bin Hanafiyya
believed in the lawfulness of temporary marriage. This is because it is not
reasonable for a person to narrate the lawfulness of temporary marriage
from two companions of the Holy Prophet not knowing about its abrogation
by the Holy Prophet (s).
29
Thus if we forget about the signification of the said tradition, the

problems in the life of Abdullah and Hasan, sons of Muhammad Hanafiyya
and the contradictions in the traditions attributed to Imam Ali (a.s), we
cannot forget about Zuhri, who is the axis of the narrators of these
traditions. Thus let's go through his account of life.
A glance at life of Zuhri

1. He was among the well-known persons who were opposed Imam Ali
(a.s). He used to associate with Urwa bin Zubair and talk ill of Imam Ali
(a.s).
2. He narrated traditions from Umar bin Sa'ad bin Abi Waqqas, killer of
Imam Husain (a.s).
3. He was one of the Ummayyid's agents. That is why prominent scholars
have reproached and criticized him.
4. Imam Yahya bin Mu'aeen criticized him after comparing him with
'Amash.
5. Writing him a letter, Imam Ali bin al-Husain, Zayn al-'Abdidin
rebukes him because of his attending cruel rulers' court and advises him to
change his mind, but his advice did not changes him.98
Conclusion
1. According to Quran and tradition, temporary marriage is one of the
essentials of Islam. Muslims used to adhere to it both practically as well as
theoretically.
2. Umar bin Khattab prohibited it after he assumed power and ruled for
sometimes.
3. Being aware of these two issues, Sunni scholars differed on how to
justify it. Some said that prohibition was made by the Holy Prophet (s) and
no one other than Umar was aware of it. This justification as mentioned
before, is wrong. Others were of the view that it was Umar who prohibited
it. According to them we must follow him, for the Holy Prophet (s) has
ordered us to follow his conduct and the conduct of his guided caliphs. We
have elsewhere dealt with this tradition independently and proved that it is
wrong.99
Some have said that the Holy Prophet (s) himself prohibited it. Those
who follow this theory, differ on the time and place of this happening. They
have resorted to traditions that are squarely fabricated.
4. It is clear thus that temporary marriage is lawful and the traditions on
its prohibition are fabricated.
Given all these [specially the tradition that stresses on following
caliphs]100 we are led to believe that the prohibition of temporary marriage
by Umar was nothing but an innovation a thing that was forbidden by the
Holy Prophet (s).
...
Distance yourself innovations.
30
In this short treatise, so far we have briefly evaluated different opinions

on the two mut'as [and argued that both are lawful], but this issue has other
dimensions which need to be touched by jurists and theologians.
We ask Allah to help us find the true path and do our deeds purely for
Allah. We also ask Him to help us associate with the Holy Prophet (s), his
progeny and his real followers. He is no doubt beneficent and merciful.
31
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33
Notes
1
2
3
4
5
- For the details, see the coming discussions.

- Quran, Baqarah, 69.
- Ibid, Nisa, 24.
- Taqsir means shortening one's hair, beard or nail.
- in this tradition, the narrators have omitted the words exchanged between Uthman,
the third caliph and Imam Ali (a.s) or mentioned them vaguely. They have not mentioned
Imam Ali's answer to Uthman's words. According to some traditions, Uthman said
something to Imam Ali (a.s).
6 - Musnad Ahmad, vol. 1, p. 156 and Musnad Ali bin Abi Talib, tradition no. 758.
7 - Sahih Bukhari, vol. 2, p. 569. Muslim has also narrated a similar tradition. He
quoting Musayyab says: Sa'id b. al-Musayyab reported that 'Ali and 'Uthman met at 'Usfan;
and Uthman used to forbid (people) from performing Tamattu' and 'Umra (during the
period of Hajj), whereupon 'Ali said: What is your opinion about a matter which the
Messenger of Allah (may peace be upon him) did but you forbid it? Thereupon Uthman
said: You leave us alone, whereupon he ('Ali) said: I cannot leave you alone. When 'Ali saw
this, he put on Ihram for both of them together (both for Hajj and 'Umra). (Sahih Muslim,
tradition, no. 1223, and Musnad Ahmad, vol. 1, p. 220).
8 - Sahih Bukhari, vol. 2, p. 567, tradition, no. 1488 and Musnad Ahmad, vol. 1, p. 153.
Muslim has also reported it: 'Abdullah b. Shaqiq reported that 'Uthman used to forbid
Tamattu', whereas 'Ali (Allah be pleased with him) ordered [people] to do it. 'Uthman said a
word to 'Ali, but 'Ali said: You know that we used to perform Tamattu' with the Messenger
of Allah (may peace be upon him) , whereupon he said: It is right, but we entertained fear.
This hadith has been narrated by Shu'ba with the same chain of transmitters. (Muslim, Book
7, Number 2815).
9 - Musnad Ahmad, vol. 1, p. 554, tradition, no. 3111. Bukhari have also narrated
something pertaining to the issue under discussion. See:
a) Abu Jamra narrates:I asked Ibn Abbas about Hajj-at-Tamattu'. He ordered me to
perform it. I asked him about the Hadi (sacrifice). He said, "You have to slaughter a camel,
a cow or a sheep, or you may share the Hadi with the others." It seemed that some people
disliked it (Hajj-at-Tamattu). I slept and dreamt as if a person was announcing: "Hajj
Mabrur and accepted Mut'a (Hajj-At-Tamattu')" I went to Ibn Abbas and narrated it to him.
He said, "Allah is Greater. (That was) the tradition of Abu Al-Qasim (i.e. Prophet).
Narrated Shu'ba that the call in the dream was. "An accepted 'Umra and Hajj-Mabrur."
(Sahih Bukhari, Volume 2, Book 26, Number 747).
b) Abu Shu'ba: Abu Jamra Nasr bin 'Imran Ad-Duba'i said, "I intended to perform Hajjat-Tamattu' and the people advised me not to do so. I asked Ibn Abbas regarding it and he
ordered me to perform Hajj-at-Tammatu'. Later I saw in a dream someone saying to me,
'Hajj-Mabrur (Hajj performed in accordance with the Prophet's tradition without
committing sins and accepted by Allah) and an accepted 'Umra.' So I told that dream to Ibn
Abbas. He said, 'This is the tradition of Abu-l-Qasim.' Then he said to me, 'Stay with me
and I shall give you a portion of my property.' " I (Shu'ba) asked, "Why (did he invite
you)?" He (Abu Jamra) said, "Because of the dream which I had seen." (Ibid, Volume 2,
Book 26, Number 638).
10 - Sunan Tirmidhi, vol. 2, p. 224, tradition, no. 824. Muslim has also narrated some
variation of this tradition:
Ghunaim b. Qais said: I asked Sa'd b. Abu Waqqas about Mut'a, whereupon he said: We
did that, and it was the day when he was an unbeliever living in (one of the) houses of
Mecca. (Sahih Muslim Book 7 ,Number 2821).
11 - 'Arak' is a kind of tree that grows in deserts. Similar to a pomegranate tree, it is
ever green. In the past, Arabs used to make toothbrush from its branches.
12 - Musnad Ahmad, vol. 1, p. 81, tradition, no. 353.
13 - Sahih Muslim, vol. 3, p. 56, tradition no. 1217. You can also see:
34
Abd Nadra reported: While I was in the company of Jibir, a person came and said:
There is difference of opinion among Ibn Abbas and Ibn Zubair about two Mut'as (Tamattul
in Hajj and temporary marriage with women), whereupon jibir said: We have been doing
this during the lifetime of Allah's Messenger (may peace be upon him), and then 'Umar
forbade us from doing it, and we never resorted to them (Sahih Muslim Book 7 , Number
2874).
See also: Shihab reported: I left for Mecca for Hajj-at-Tamattu' assuming Ihram for
'Umra. I reached Mecca three days before the day of Tarwiya (8th Dhul-Hijja). Some
people of Mecca said to me, "Your Hajj will be like the Hajj performed by the people of
Mecca (i.e. you will lose the superiority of assuming Ihram from the Miqat). So I went to
'Ata' asking him his view about it. He said, "Jabir bin 'Abdullah narrated to me, 'I
performed Hajj with Allah's Apostle on the day when he drove camels with him. The
people had assumed Ihram for Hajj-al-Ifrad. The Prophet ordered them to finish their Ihram
after Tawaf round the Ka'ba, and between Safa and Marwa and to cut short their hair and
then to stay there (in Mecca) as non-Muhrims till the day of Tarwiya (i.e. 8th of Dhul-Hijja)
when they would assume Ihram for Hajj and they were ordered to make the Ihram with
which they had come as for 'Umra only. They asked, 'How can we make it 'Umra
(Tamattu') as we have intended to perform Hajj?' The Prophet said, 'Do what I have ordered
you. Had I not brought the Hadi with me, I would have done the same, but I cannot finish
my Ihram till the Hadi reaches its destination (i.e. is slaughtered).' So, they did (what he
ordered them to do)." (Volume 2, Book 26, Number 639).
14 - Sunan Tirmidhi, vol. 2, p. 224, tradition, 825.
15 - Al-Isti'ab, vol. 3, p. 284 and al-Isabah, vol. 4, p. 584. In his Dad al-Mi'ad fi Huda
Khair al-Ibad, Ibn Qayyim says, "Imran bin Hasin is better than Uthman. According to
some, he saw angels and was greeted by them as he himself points out when he says that he
was greeted. He died in 52 AH in Basrah".
16 - Sahih Muslim, vol. 3, p. 70, tradition, 1236. See also:
a) 'Imran b. al-Husain (Allah be pleased with him) said: Know well that Allah's
Messenger (may peace be upon him) combined 'Hajj and 'Umra, and nothing was revealed
in the Book (to abrogate it), and the Messenger of Allah (may peace be upon him) too did
not forbid us from (combining) them. And whatever a person (Umar) said was out of his
personal opinion. (Sahih Muslim Book 7 ,Number 2829).
b) 'Imran b. Husain (Allah be pleased with him) reported: We performed Tamattu' (Hajj
and 'Umra combining together) in the company of Allah's Messenger (may peace be upon
him), and nothing was revealed in the Qur'an (concerning the abrogation of this practice),
and whatever a person (Umar) said was his personal opinion. 'Imran b. Husain narrated this
hadith (in these words also): "Allah's Apostle (may peace be upon him) performed Hajj
Tamattu' and we also performed it along with him."( Sahih Muslim Book 7 ,Number 2830).
c) 'Imran b. Husain said: There was revealed the verse of Tamattu' in Hajj in the Book
of Allah and the Messenger of Allah (may peace be upon him) commanded us to perform it
and then no verse was revealed abrogating the Tamattu' (form of Hajj), and the Messenger
of Allah (may peace be upon him) did not forbid [us] to do it till he passed away. So
whatever a person (Umar) said was his personal opinion. A hadith like this is transmitted on
the authority of Imran b. Husain, but with this variation that he ('Imran) said: We did that
(Tamattu') in the company of Allah's Messenger (may peace be upon him) and he did not
say anything but he (the Holy Prophet) commanded us to do it.( Sahih Muslim Book 7
,Number 2831).
17 - Qiran hajj is a kind of hajj that is performed by those whose habitation is not
located more than 16 farsakhs from The Sacred Mosque.
18 - Al-Minhaj, a commentary on Sahih Muslim, vol. 8, p. 168.
19 - Minhaj al-Sunna, vol. 4, pp. 182 and 183.
20 - Tarikh Ibn Kathir, vol. 5, p. 159.
21 - Minhaj al-Sunna, vol. 4, pp. 182 and 183.
22 - Ibid.
35
23 - Sahih Bukhari, Book on Riqaq, Chapter on Lake-Fount, pp. 787-788.

24 - The people (of the Pre-lslamic Period) used to think that to perform 'Umra during
the months of Hajj was one of the major sins on earth. And also used to consider the month
of Safar as a forbidden (i.e. sacred) month and they used to say, "When the wounds of the
camel's back heal up (after they return from Hajj) and the signs of those wounds vanish and
the month of Safar passes away then (at that time) 'Umra is permissible for the one who
wishes to perform it." In the morning of the 4th of Dhul-Hijja, the Prophet and his
companions reached Mecca, assuming Ihram for Hajj and he ordered his companions to
make their intentions of the Ihram for'Umra only (instead of Hajj) so they considered his
order as something great and were puzzled, and said, "O Allah's Apostle! What kind (of
finishing) of Ihram is allowed?" The Prophet replied, "Finish the Ihram completely like a
non-Muhrim (you are allowed everything)." (Bukhari, Volume 2, Book 26, Number 635)
25 - The full text of this tradition is under:
'Ata' reported: I, along with some people, heard Jabir b. 'Abdullah saying: We the
Companions of Muhammad (may peace be upon him) put on Ihram for Hajj only. Ata'
further said that Jabir stated: Allah's Apostle (may peace be upon him) came on the 4th of
Dhu'l-Hijja and he commanded us to put off Ihram. 'Ata'said that he (Allah's Apostle)
commanded them to put off Ihram and to go to their wives (for intercourse). 'Ata' said: It
was not obligatory for them, but (intercourse) with them had become permissible. We said:
When only five days had been left to reach 'Arafa, he (the Holy Prophet) commanded us to
have intercourse with our wives. And we reached 'Arafa in a state as if we had just made
intercourse (with them). He ('Ata') said: Jabir pointed with his hand and I (perceive) as if I
am seeing his hand as it moved. In the (meantime) the Apostle of Allah (may peace be upon
him) stood amongst us and said: You are well aware that I am the most God-fearing, most
truthful and most pious amongst you. If I had formerly known what I came to know lately, I
would not have brought the Hadi with me. Had there been no Hadi with me, I would have
finished the state of lhram. So they (the Companions) put off Ihrim and we also put off and
listened to (the Holy Prophet) and obeyed (his command). Jabir said: 'All came with the
revenue of the taxes (from Yemen). He (the Holy Prophet) said: For what (purpose) have
you entered into the state of Ihram (whether you entered into the state purely for Hajj and,
Umra jointly or Hajj and Umra separately)? He said: For the purpose for which the Apostle
of Allah (may peace be upon him) had entered. (The Holy Prophet had entered as a Qiran,
i.e. Ihram covering both Umra and Hajj simultaneously.) Thereupon Allah's Messenger
(may peace be upon him) said: Offer a sacrifice of animal, and retain Ihram. And 'All
brought a sacrificial animal for him (for the Holy Prophet). Suraqa b. Malik b. Ju'shum
said: Messenger of Allah, is it (this concession putting off Ihram of Hajj or Umra) meant
for this year or is it forever? He said: It is forever. (Sahih Muslim, Book 7, Number 2797).
Elsewhere Muslim narrates:
a) Jabir (Allah be pleased with him) said.: We went with Allah's Messenger (may peace
be upon him) in 'a state of Ihram for the Hajj. There were women and children with us.
When we reached Mecca we circumambulated the House and (ran) between al-Safa and alMarwa. The Messenger of Allah (may peace be upon him) said: He who has no sacrificial
animal with him should put off lhram. We said: What kind of putting off? He said: Getting
out of lhram completely. So we came to our wives, and put on our clothes and applied
perfume. When it was the day of Tarwiya, we put on Ihram for Hajj. and the first
circumambulation and (running) between al-Safa and al-Marwa sufficed us..Allah's
Messenger (may peace be upon him) commanded us to become seven partners (in the
sacrifice) of a camel and a cow. (Muslim, Book 7, Number 2794).
b) 'A'isha reported that the Messenger of Allah (may peace be upon him) came out on
the 4th or 5th of Dhul'I-Hijja (for Pilgrimage to Mecca) and came to me, and he was very
angry. I said: Messenger of Allah, who has annoyed you ? May Allah cast him in fire I He
said: Don't you know that I commanded the people to do an act, but they are hesitant.
(Hakam said: I think that he said: They seem to be hesitant.) And if I were to know my
affair before what I had to do subsequently, I would not have brought with me the
36
sacrificial animals, and would have bought them (at Mecca) and would have put off lhram
as others have done. (Sahih, Muslim, Book 7, Number 2785).
c) Ja'far b Muhammad reported on the authority of his father: We went to Jabir b.
Abdullah and he began inquiring about the people (who had gone to see him) till it was my
turn. I said: I am Muhammad b. 'Ali b. Husain. He placed his hand upon my head and
opened my upper button and then the lower one and then placed his palm on my chest (in
order to bless me), and I was, during those days, a young boy, and he said: You are
welcome, my nephew. Ask whatever you want to ask. And I asked him but as he was blind
(he could not respond to me immediately), and the time for prayer came. He stood up
covering himself in his mantle. And whenever he placed its ends upon his shoulders they
slipped down on account of being short (in size). Another mantle was, however, lying on
the clothes rack nearby. And he led us in the prayer. I said to him: Tell me about the Hajj of
Allah's Messenger (May peace be upon him). And he pointed with his hand nine, and then
stated: The Messenger of Allah (may peace be upon him) stayed in (Medina) for nine years
but did not perform Hajj, then he made a public announcement in the tenth year to the
effect that Allah's Messenger (may peace be upon him) was about to perform the Hajj. A
large number of persons came to Medina and all of them were anxious to follow the
Messenger of Allah (May peace be upon him) and do according to his doing. We set out
with him till we reached Dhu'l-Hulaifa. Asma' daughter of Umais gave birth to Muhammad
b. Abu Bakr. She sent message to the Messenger of Allah (May peace be upon him) asking
him: What should 1 do? He (the Holy Prophet) said: Take a bath, bandage your private
parts and put on Ihram. The Messenger of Allah (May peace be upon him) then prayed in
the mosque and then mounted al-Qaswa (his she-camel) and it stood erect with him on its
back at al-Baida'. And I saw as far as I could see in front of me but riders and pedestrians,
and also on my right and on my left and behind me like this. And the Messenger of Allah
(may peace be upon him) was prominent among us and the (revelation) of the Holy Qur'an
was descending upon him . And it is he who knows (its true) significance. And whatever he
did, we also did that. He pronounced the Oneness of Allah (saying): "Labbaik, 0 Allah,
Labbaik, Labbaik. Thou hast no partner, praise and grace is Thine and the Sovereignty too;
Thou hast no partner." And the people also pronounced this Talbiya which they pronounce
(today). The Messenger of Allah (May peace be upon him) did not reject anything out of it.
But the Messenger of Allah (May peace.be upon him) adhered to his own Talbiya. Jabir
(Allah be pleased with him) said: We did not have any other intention but that of Hajj only,
being unaware of the Umra (at that season), but when we came with him to the House, he
touched the pillar and (made seven circuits) running three of them and walking four. And
then going to the Station of Ibrahim, he recited: "And adopt the Station of Ibrahim as a
place of prayer." And this Station was between him and the House. My father said (and I do
not know whether he had made a mention of it but that was from Allah's Apostle [May
peace be upon him] that he recited in two rak'ahs: "say: He is Allah One," and say: "Say: 0
unbelievers." He then returned to the pillar (Hajar Aswad) and kissed it. He then went out
of the gate to al-Safa' and as he reached near it he recited: "Al-Safa' and al-Marwa are
among the signs appointed by Allah," (adding:) I begin with what Allah (has commanded
me) to begin. He first mounted al-Safa' till he saw the House, and facing Qibla he declared
the Oneness of Allah and glorified Him, and said: "There is no god but Allah, One, there is
no partner with Him. His is the Sovereignty. to Him praise is due. and He is Powerful over
everything. There is no god but Allah alone, Who fulfilled His promise, helped His servant
and routed the confederates alone." He then made supplication in the course of that saying
such words three times. He then descended and walked towards al-Marwa, and when his
feet came down in the bottom of the valley, he ran, and when he began to ascend he walked
till he reached al-Marwa. There he did as he had done at al-Safa'. And when it was his last
running at al-Marwa he said: If I had known beforehand what I have come to know
afterwards, I would not have brought sacrificial animals and would have performed an
'Umra. So, he who among you has not the sacrificial animals with him should put off Ihram
and treat it as an Umra. Suraqa b. Malik b. Ju'sham got up and said: Messenger of Allah,
does it apply to the present year, or does it apply forever? Thereupon the Messenger of
37
Allah (May peace be upon him) intertwined the fingers (of one hand) into another and said
twice: The 'Umra has become incorporated in the Hajj (adding): "No, but for ever and
ever." 'All came from the Yemen with the sacrificial animals for the Prophet (May peace be
upon him) and found Fatimah (Allah be pleased with her) to be one among those who had
put off Ihram and had put on dyed clothes and had applied antimony. He (Hadrat'Ali)
showed disapproval to it, whereupon she said: My father has commanded me to do this. He
(the narrator) said that 'Ali used to say in Iraq: I went to the Messenger of Allah (may peace
be upon him) showing annoyance at Fatimah for what she had done, and asked the (verdict)
of Allah's Messenger (may peace be upon him) regarding what she had narrated from him,
and told him that I was angry with her, whereupon he said: She has told the truth, she has
told the truth. (The Holy Prophet then asked 'Ali): What did you say when you undertook to
go for Hajj? I ('Ali) said: 0 Allah, I am putting on Ihram for the same purpose as Thy
Messenger has put it on. He said: I have with me sacrificial animals, so do not put off the
Ihram. He (Jabir) said: The total number of those sacrificial animals brought by 'Ali from
the Yemen and of those brought by the Apostle (may peace be upon him) was one hundred.
Then all the people except the Apostle (may peace be upon him) and those who had with
them sacrificial animals, put off Ihram , and got their hair clipped; when it was the day of
Tarwiya (8th of Dhu'l-Hijja) they went to Mina and put on the Ihram for Hajj and the
Messenger of Ailah (may peace be upon him) rode and led the noon, afternoon, sunset 'Isha'
and dawn prayers. He then waited a little till the sun rose, and commanded that a tent of
hair should be pitched at Namira. The Messenger of Allah (may peace be upon him) then
set out and the Quraish did not doubt that he would halt at al-Mash'ar al-Haram (the sacred
site) as the Quraish used to do in the pre-Islamic period. The Messenger of Allah (may
peace be upon him), however, passed on till he came to 'Arafa and he found that the tent
had been pitched for him at Namira. There he got down till the sun had passed the
meridian; he commanded that al-Qaswa should be brought and saddled for him. Then he
came to the bottom of the valley, and addressed the people saying: Verily your blood, your
property are as sacred and inviolable as the sacredness of this day of yours, in this month of
yours, in this town of yours. Behold ! Everything pertaining to the Days of Ignorance is
under my feet completely abolished. Abolished are also the blood-revenges of the Days. of
Ignorance. The first claim of ours on blood-revenge which I abolish is that of the son of
Rabi'a b. al-Harith, who was nursed among the tribe of Sa'd and killed by Hudhail. And the
usury of she pre-Islamic period is abolished, and the first of our usury I abolish is that of
'Abbas b. 'Abd al-Muttalib, for it is all abolished. Fear Allah concerning women ! Verily
you have taken them on the security of Allah, and intercourse with them has been made
lawful unto you by words of Allah. You too have right over them, and that they should not
allow anyone to sit on your bed whom you do not like. But if they do that, you can chastise
them but not severely. Their rights upon you are that you should provide them with food
and clothing in a fitting manner. I have left among you the Book of Allah, and if you hold
fast to it, you would never go astray. And you would be asked about me (on the Day of
Resurrection), (now tell me) what would you say? They (the audience) said: We will bear
witness that you have conveyed (the message), discharged (the ministry of Prophethood)
and given wise (sincere) counsel. He (the narrator) said: He (the Holy Prophet) then raised
his forefinger towards the sky and pointing it at the people (said): "O Allah, be witness. 0
Allah, be witness," saying it thrice. (Bilal then) pronounced Adhan and later on Iqama and
he (the Holy Prophet) led the noon prayer. He (Bilal) then uttered Iqama and he (the Holy
Prophet) led the afternoon prayer and he observed no other prayer in between the two. The
Messenger of Allah (may peace be upon him) then mounted his camel and came to the
place of stay, making his she-camel al-Qaswa, turn towards the side where there we are
rocks, having the path taken by those who went on foot in front of him, and faced the Qibla.
He kept standing there till the sun set, and the yellow light had somewhat gone, and the disc
of the sun had disappeared. He made Usama sit behind him, and he pulled the nosestring of
Qaswa so forcefully that its head touched the saddle (in order to keep her under perfect
control), and he pointed out to the people with his right hand to be moderate (in speed), and
whenever he happened to pass over an elevated tract of sand, he slightly loosened it (the
nose-string of his camel) till she climbed up and this is how he reached al-Muzdalifa. There
38
he led the evening and 'Isha prayers with one Adhan and two Iqamas and did not glorify
(Allah) in between them (i.e. he did not observe supererogatory rak'ahs between Maghrib
and 'Isha' prayers). The Messenger of Allah (may peace be upon him) then lay down till
dawn and offered the dawn prayer with an Adhan and Iqama when the morning light was
clear. He again mounted al-Qaswa, and when he came to al-Mash'ar al-Haram, he faced
towards Qibla, supplicated Him, Glorified Him, and pronounced His Uniqueness (La ilaha
illa Allah) and Oneness, and kept standing till the daylight was very clear. He then went
quickly before the sun rose, and seated behind him was al-Fadl b. 'Abbas and he was a man
having beautiful hair and fair complexion and handsome face. As the Messenger of Allah
(May peace be upon him) was moving on, there was also going a group of women (side by
side with them). Al-Fadl began to look at them. The Messenger of Allah (may peace be
upon him) placed his hand on the face of Fadl who then turned his face to the other side,
and began to see, and the Messenger of Allah (may peace be upon him) turned his hand to
the other side and placed it on the face of al-Fadl. He again turned his face to the other side
till he came to the bottom of Muhassir.1680 He urged her (al-Qaswa) a little, and, following
the middle road, which comes out at the greatest jamra, he came to the jamral682which is
near the tree. At this be threw seven small pebbles, saying Allah-o-Akbar while throwing
every one of them in a manner in which the small pebbles are thrown (with the help of
fingers) and this he did in the bottom of the valley. He then went to the place of sacrifice,
and sacrificed sixty-three (camels) with his own hand.1694 Then he gave the remaining
number to 'All who sacrificed them, and he shared him in his sacrifice. He then commanded
that a piece of flesh from each animal sacrificed should be put in a pot, and when it was
cooked, both of them (the Holy Prophet and Hadrat 'All) took some meat out of it and drank
its soup. The Messenger of Allah (May peace be upon him) again rode and came to the
House, and offered the Zuhr prayer at Mecca. He came to the tribe of Abd al-Muttalib, who
were supplying water at Zamzam, and said: Draw water. 0 Bani 'Abd al-Muttalib; were it
not that people would usurp this right of supplying water from you, 1 would have drawn it
along with you. So they handed him a basket and he drank from it. (Ibid, Book 7 ,Number
2803).
Bukhari has also narrated similar traditions:
The Prophet and his companions assumed Ihram for Hajj and none except the Prophet
(p.b.u.h) and Talha had the Hadi (sacrifice) with them. 'Ali arrived from Yemen and had a
Hadi with him. 'Ali said, "I have assumed Ihram for what the Prophet has done." The
Prophet ordered his companions to perform the 'Umra with the lhram which they had
assumed, and after finishing Tawaf (of Ka'ba, Safa and Marwa) to cut short their hair, and
to finish their lhram except those who had Hadi with them. They (the people) said, "How
can we proceed to Mina (for Hajj) after having sexual relations with our wives?" When that
news reached the Prophet he said, "If I had formerly known what I came to know lately, I
would not have brought the Hadi with me. Had there been no Hadi with me, I would have
finished the state of lhram." 'Aisha got her menses, so she performed all the ceremonies of
Hajj except Tawaf of the Ka'ba, and when she got clean (from her menses), she performed
Tawaf of the Ka'ba. She said, "O Allah's Apostle! (All of you) are returning with the Hajj
and 'Umra, but I am returning after performing Hajj only." So the Prophet ordered 'AbdurRahman bin Abu Bakr to accompany her to Tan'im and thus she performed the 'Umra after
the Hajj. (Sahih Bukahri, Volume 2, Book 26, Number 713).
26 -The
entire verse is as under:
# # #

c f 2
c c c o c6 f + 6
# # #

<
: 8
}: c z : 8 f 9

# #

.
g o
z
And all married women except those whom your right hands possess (this is) Allah's
ordinance to you, and lawful for you are (all women) besides those, provided that you seek
(them) with your property, taking (them) in marriage not committing fornication. Then as to
those whom you profit by, give them their dowries as appointed; and there is no blame on
39
you about what you mutually agree after what is appointed; surely Allah is Knowing, Wise.
(Quran, Nisa, 24).
27 - For further information see, the commentaries by Tabari, Qurtubi, Ibn Kathir,
Zamakhshari and Suyuti. See also Ahkam al-Quran by Hassas, vol. 2, p. 208, al-Sunan alKubra by Bayhaqi, vol. 7, p. 335, al-Mihhaj by Nawavi, vol. 9, p. 153 and al-Mughni by
Ibn Qudama, vol. 7, p. 571.
28 - Tafsir Qurtubi, vol. 5, p. 130. Here he says:
= g & "c @ &
29 - Quran, Maeda, 87.

30 - Sahih Bukhari, vol. 5, p. 1953, tradition, 4787, Musnad Ahmad, vol. 1, p. 692 and
Musnad Abdullah bin Mas'ud, tradition 3976.
See also:
Narrated by Jabir bin 'Abdullah and Salama bin Al-Akwa': While we were in an army,
Allah's Apostle came to us and said, "You have been allowed to do the Mut'a (marriage), so
do it." Salama bin Al-Akwa' said: Allah's Apostle's said, "If a man and a woman agree (to
marry temporarily), their marriage should last for three nights, and if they like to continue,
they can do so; and if they want to separate, they can do so. (Sahih Bukhari, Volume 7,
Book 62, Number 52)
We used to participate in the holy battles led by Allah's Apostle and we had nothing (no
wives) with us. So we said, "Shall we get ourselves castrated?" He forbade us that and then
allowed us to marry women with a temporary contract and recited to us:'O you who
believe! Make not unlawful the good things which Allah has made lawful for you, but
commit no transgression.' (Ibid,
Abdullah (b. Mas'ud) reported: We were on an expedition with Allah's Messenger (may
peace be upon him) and we had no women with us. We said: Should we not have ourselves
castrated? He (the Holy Prophet) forbade us to do so He then granted us permission that we
should contract temporary marriage for a stipulated period giving her a garment, and
'Abdullah then recited this verse: 'Those who believe do not make unlawful the good things
which Allah has made lawful for you, and do not transgress. Allah does not like
transgressors" (al-Qur'an, v. 87). (Sahih Muslim, Book 8, Number 3243)
Jabir b. 'Abdullah reported: We contracted temporary marriage giving a handful of
(tales or flour as a dower during the lifetime of Allah's Messenger (may peace be upon him)
and durnig the time of Abu Bakr until 'Umar forbade it in the case of 'Amr b. Huraith. (Ibid,
Ibn Uraij reported: 'Ati' reported that jibir b. Abdullah came to perform 'Umra, and we
came to his abode, and the people asked him about different things, and then they made a
mention of temporary marriage, whereupon he said: Yes, we had been benefiting ourselves
by this temporary marriage during the lifetime of the Holy Prophet (may peace be upon
him) and during the time of Abi! Bakr and 'Umar. (Ibid, Book 8, Number 3248)
Abu Nadra reported: While I was in the company of Jabir b. Abdullah, a person came to
him and said that Ibn 'Abbas and Ibn Zubair differed on the two types of Mut'as (Tamattu'a
of Hajj 1846 and Tamattu'a with women), whereupon Jabir said: We used to do these two
during the lifetime of Allah's Messenger (may peace be upon him).Umar then forbade us to
do them, and so we did not revert to them. (Ibid, Book 8, Number 3250).
31 - Tafsir Qurtubi, vol. 5, p. 132.
32 - Tafsir Tabari, vol. 5, p. 18.
33 - Al-Tamhid, vol. 11, p. 102.
34 - Tasir Razi, vol. 3, p. 167. Sharh Ma'ani al-Athar, p. 374, Bayhaqi's al-Sunan alKubra, vol. 7, p. 206, Bidayat al-Mujtahid, vol. 1, p. 346, al-Muhalla, vol. 7, p. 107,
Jassas's ahkam al-Qur'an, vol. 1, p. 279, Asharite Qushji's Sharh Tajrid (sarcastic remarks
on Umar), Tafsir Qurtubi, vol. 3, p. 307, al-Mughni, vol. 7, p. 27, Zad al-Ma'ad fi Huda
Khair al-ibad, vol. 2, p. 305. Al-Durr al-Mansur, vol. 2, p. 141, Kanz al-Ummal, vol. 8, p.
293 and Wafiyat al-Ayan, vol. 5, p. 197.
35 - Qushji's Sharh Tajrid, p. 484.
40
36 - Sahih Muslim, vol. 3, p. 194, tradition, no. 1405, Musnad Ahmad, vo. 4, p. 237,
Musnad Jabir bin Abdullah, tradition, 13856, Bayhaqi's al-Sunan al-Kubra, Kitab al-Sidaq,
tradition, no. 14368, al-Musannaf by Abd al-Razzaq, vol. 7, p. 487 tradition no. 14021.
See also:
a) Jabir b. 'Abdullah reported: We contracted temporary marriage giving a handful of
(tales or flour as a dower during the lifetime of Allah's Messenger (may peace be upon him)
and durnig the time of Abu Bakr until 'Umar forbade it in the case of 'Amr b. Huraith.
(Muslim, Book 8, Number 3249)
b) Jabir b. 'Abdullah and Salama b. al-Akwa' said: There came to us the proclaimer of
Allah's Messenger (may peace be upon him) and said: Allah's Messenger (may peace be
upon him) has granted you permission to benefit yourselves, i.e. to contract temporary
marriage with women. (Ibid, Book 8, Number 3246)
c) Ibn Uraij reported: 'Ati' reported that jibir b. Abdullah came to perform 'Umra, and
we came to his abode, and the people asked him about different things, and then they made
a mention of temporary marriage, whereupon he said: Yes, we had been benefiting
ourselves by this temporary marriage during the lifetime of theHoly Prophet (may peace be
upon him) and during the tinie of Abi! Bakr and 'Umar. (Book 8, Number 3248).
d) Sabra Juhanni reported: Allah's Messenger (may peace be upon him) permitted
temporary marriage for us.So I and another person went out and saw a woman of Bana
'Amir, who was like a young long-necked she-camel. We presented ourselves to her (for
contracting temporary marriage), whereupon she said: What dower would you give me?I
said: My cloak. And my companion also said: My cloak. And the cloak of-my companion
was superior to my cloak, but I was younger than he. So when she looked at the cloak of
my companion she liked it, and when she cast a glance at me I looked more attractive to
her.She then said: Well, you and your cloak are sufficient for me.I remained with her for
three nights, and then Allah's Messenger (may peace be upon him) said: He who has any
such woman with whom he had contracted temporary marriage, he should let her off. (Ibid,
37 - Umar is also quoted as having said, "I will stone to death anyone who is brought to
me because of practicing temporary marriage. If he is dead and buried I will stone his
grave". Sarakhsi's al-Mabsut, vol. 5, p. 153.
38 - Kanz al-Ummal, vol. 16, p. 218, tradition no. 845718.
39 - Abd al-Razzaq's al-Musannaf, vol. 7, p. 500, tradition, no. 1402, Tafsir Tabari, vol.
5, p. 19, al-Durr al-Mansur, vol. 2, p. 251, Tafsir Razi, vol. 10, p. 52.
40 - Tafsir Qurtubi, vol. 5, p. 130. Some have used the term 'trivial' in place of the term
of 'vicious'. See al-Nihaya, vol. 2, p. 437, Taj al-Arus, vol. 19, p. 578 and other Arabic
glossaries.
41 - Ta'arikh al-Khulafa, p. 137.
42 - Al-Muhalla, vol. 9, p. 129.
44 - Wafiyat al-A'ayan, vol. 6, pp. 149 150.
45 - Tafsir Kabir, vol. 10, p. 56.
46 - Al-Minhaj, Sharh Sahih Muslim, vol. 9, p. 157.
47 - Zad al-Mi'ad fi Huda Khair al-Ibad, vol. 2, pp. 184-185.
48 - Ibn Qayyim has mentioned only four instances: Battle of Khaybar, Conquest of
Mecca, Battle of Hunain and Farewell Hajj. (Zad al-Mi'ad fi Huda Khair al-Ibad, vol. 2, p.
183. The other three intances are taken from Fath al-Bari, vol. 9. P. 210.
49 - Zad al-Ma'ad fi Huda Khair al-Ibad, vol. 2, p. 183.
50 -Ibid, p. 183.
51 -Ibid, p. 184.
52 - Tarikh Tabari, vol. 3, p. 290.
53 - Zad al-Ma'ad fi Huda Khair al-Ibad, vol. 2, pp. 184 and 185.
54 -For further information see, Conduct of Prophet or Conduct of Caliphs by Husaini
Milani.
55 - Tahdib al-Tahdib, vol. 6, p. 215.
41
56 - See Tadkira al-Huffaz, vol. 4, p. 1407 and Tabaqat al-Huffaz, p. 498.

57 - We will treat it in future.
58 - Fath al-Bari, vol. 9, p. 210.
59 - Ibid.
60 - Ibid, vol. 9, p. 211.
61 - Zad al-Ma'ad, vol. 2, p. 183.
62 - Fath al-Bari, vol. 9, pp. 210, 212 and 213.
63 - Sahih Muslim, vol. 3, p. 196, tradition, 1406.
65 - Fath al-Bari, vol. 9, pp. 210 and 211.
66 -Al-Sunan al-Kubra, Nisaee, vol. 6, p. 436, tradition, no. 3367.
67 - Sahih Bukhari, vol. 5, p. 1966, tradition, 4825.
68 -Sahih Muslim, vol. 3, pp. 198 199, tradition, no. 14097.
69 - For further information see: Nawavi's al-Minhaj, vol. 9, p. 155, Ibn Hajar's Fath alBari, vo. 9, p. 212.
70 - Sahih Muslim, vol. 3, p. 192.
72 - Zad al-Ma'ad, vol. 2, p. 183.
73 - Tahdib al-Tahdib, vol. 6, p. 345.
74 - Sunan Abu Dawood, vol. 2, p. 92, tradition, 2072.
76 - Tahdib al-Tahdib, vol. 5, pp. 90-92.
77 - Fath al-Bari, vol. 9, p. 211. For further information on these two reporters, see
Tahdib al-Tahdib, vo. 10, pp. 339 and 340, vol. 7, pp. 226 and 227.
79 - Al-Sunan al-Kubra by Nisaee, vol. 6, p. 436, tradition, 3367.
81 - Majma'a al-Zawaed, vol. 4, p. 487, tradition, 7391.
82 -Umda al-Qari, vol. 17, p. 274.
83 - Majma'a al-Zawaed, vol. 4, p. 487, tradition, no, 7391.
86 - Zad al-Ma'ad, vol. 2, p. 183.
87 -Al-Muwatta, vol. 2, p. 543, tradition, no, 41.
88 - Minhaj al-Sunna, vol. 4, p. 189.
89 - Al-Sunan al-Kubra by Bayhaqi, vol. 5, p. 8, tradition, 8818.
91 - Umda al-Qari, vol. 7, p. 246.
92 - Irshad al-Sari, vol. 11, p. 397, vol. 9, p. 239.
93 - Zad al-Ma'ad, vol. 2, p. 184.
94 - Tarikh Ibn Kathir, vol. 4, p. 220.
95 - MInhaj al-Sunna, vol. 4, p. 190.
98 - For further information, see: An how Abu Bakr led prayer in place of the Prophet,
pp. 61-66.
99 - For further information see, Conduct of Prophet or Conduct of Caliphs?.
100 - For further information see, An Evaluation of following Sheikain', by the same
author.
42

Prohibition of Two Lawful Pleasures

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Islamic Truths Center

Prohibition of Two Lawful Pleasures

In the Name of God the Beneficent the Merciful

In the Name of God the Beneficent the Merciful

Islamic Truths Center

Prohibition of Two lawful pleasures

Section One: Mut'a of hajj

The prohibition of two mut'as and Imam Ali's opinion

Great companions on prohibition of two mut'as

Ibn Taymiyya defends Umar but admits his mistake

Messenger o Allah whose deeds are authoritative and we are supposed to

I am your predecessor at the Lake-Fount, and some of you will be

Section Two: Temporary Marriage

Arguments for temporary marriage

Then as to those whom you profit by give them their dowries as

Umar forbids temporary marriage

If Umar did not prohibit temporary marriage no one would commit

'which means 'you did not

Great companions and prohibition of temporary marriage

Macca and Yemen have followed him in considering temporary marriage as

2. at the time of performing umra hajj after the conquest of Mecca.

the opinion that says prohibition occurred in the battle of Khaibar.

Besides, Sunni narrators narrate a tradition from Rabi'a bin Sabra,

Contradiction on time of prohibition

regarded as concealing the truth which is a bad thing. Shafia'I however

My son, perform (the obligatory) hajj separately, as it is better.

permissible to eat the flesh of assess and to contract temporary marriage

Thus if we forget about the signification of the said tradition, the

A glance at life of Zuhri

In this short treatise, so far we have briefly evaluated different opinions

- For the details, see the coming discussions.

23 - Sahih Bukhari, Book on Riqaq, Chapter on Lake-Fount, pp. 787-788.

29 - Quran, Maeda, 87.

56 - See Tadkira al-Huffaz, vol. 4, p. 1407 and Tabaqat al-Huffaz, p. 498.

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